Personal Injury
Compassionate and Skilled Wrongful Death Attorney In Dallas
Advocating for families who have lost loved ones due to negligence
Losing a loved one is one of the most emotionally painful experiences of all. And if that loss can be attributed to the negligence of another person, it can make the grieving process even more difficult. Those who cause these tragedies should be held accountable, and an experienced wrongful death attorney can help the loved ones of these victims get justice and compensation for some of their pain and suffering.
However, wrongful death claims are complicated and should be handled delicately. If you are coping with the loss of a loved one, you need to put your trust in the right person. Andrew J. Wooley has dedicated his career to helping people through these emotional, tragic situations. His firm, The Wooley Law Firm, PLLC, in Dallas, Texas, was established after he spent time in the insurance industry, witnessing firsthand how victims are treated by insurance companies. His goal now is to use his skill and knowledge to help victims and their families recover what they need to start to move forward from these cases.
What Is Considered A Wrongful Death Under Texas Law?
Wrongful death is oftentimes one of the more complex areas of personal injury law. In order to prove wrongful death, you must be able to establish that the death of your loved one was directly caused by another's wrongful acts, neglect, carelessness, unskillfulness or default. Another condition of wrongful death is whether or not the victim would be able to file a personal injury lawsuit if they had lived.
Civil vs. Criminal Standard
Wrongful death cases are considered civil cases, not criminal cases. This means that the standard of proof is lower. In order to prove a wrongful death, you must have a "preponderance of the evidence" rather than proof "beyond a reasonable doubt," meaning that these cases can be more straightforward than proving a homicide.
What Types Of Compensation Can Be Recovered In A Texas Wrongful Death Lawsuit?
There are three main types of damages that a victim's loved one can recover in a wrongful death lawsuit:
Economic Damages
Tangible losses that have an approximate or precise dollar value like funeral expenses, medical treatment costs, loss of future earnings or retirement benefits
Noneconomic Damages
Accounts for intangible losses like loss of companionship and compensation for pain and suffering caused, like mental anguish
Exemplary Damages
Less commonly awarded and also known as punitive damages. These are designed to punish the defendant if their actions causing the death can be defined as gross negligence or an intentional act
In these types of cases, damages can be divided among the plaintiffs. However, in Texas, minors cannot be directly awarded compensation from a wrongful death case. In these situations, a trust must be established to manage the compensation awarded to a minor until they are at least of legal age.
Frequently Asked Questions
Speak With A Wrongful Death Attorney
When a loved one dies in a drunk driving accident, fatal construction accident or any other fatal accident in Texas, your entire life is turned upside down. The wrongful death claim process can be overwhelming and confusing, especially while you're grieving a loss. But a dedicated attorney can help you work through it and take some of the stress of the process off your shoulders.
Your wrongful death attorney can manage the case, advocate for you and your loved one's rights and help you secure justice for those affected. Mr. Wooley has spent his career helping people through the wrongful death claim process and he's here for you, too. His skill, experience and compassion can help you feel confident in your case and ready to hold negligent parties accountable for your loss.