Determined Tyler Attorneys Help Survivors File Wrongful Death Claims

Experienced advocates guide you in recovering damages for the loss of your loved one

At Dobbs & Porter, PLLC, we provide high-quality legal representation to people throughout East Texas who have lost family members due to negligence or other misconduct by others. We are skilled and knowledgeable in bringing wrongful death lawsuits to recover damages for the suffering of the deceased and the losses undergone by the survivors. You can expect us to provide an exceptional level of professionalism and dedication in the litigation of your wrongful death case.

What is a wrongful death claim and who can be sued?

In Texas, a defendant is liable for a personal injury to an individual that results in death when the injury is caused by a felonious or otherwise wrongful act, neglect, carelessness, unskillfulness or default of the defendant or his or her agent or employee. The incidents covered by this definition are wide-ranging. For example, defendant may be liable for deaths resulting from:

• Automobile accidents, train accidents or accidents involving any mode of transportation
• Commission of crimes
• Failing to repair dangerous conditions on properties
• Medical malpractice, including misdiagnosis, surgical error or failure to treat in a timely manner

If your loved one was killed in any circumstance brought about by a person or entity’s negligence, we will determine if you are entitled to file a wrongful death claim, then identify all of the potential defendants and bring suit against them.

Who may sue for wrongful death and when?

A wrongful death case may be brought for the benefit of the surviving spouse, children and parents of the deceased by any one of them. If none of them brings suit within three months of the wrongful death, the deceased’s estate may do so instead. However, in Texas, siblings of the deceased do not have the right either to benefit from or to bring suit for wrongful death. A claim must usually be filed within two years of the death according to the statute of limitations. When you work with us, we will begin the process immediately to help you recover the damages to which you are entitled.

Recovering damages for wrongful death

Plaintiffs in a wrongful death case may recover compensatory damages for:

• The deceased’s lost earning capacity
• The deceased’s pain, suffering and emotional distress
• Lost care, maintenance, love, companionship, comfort, society and other services the deceased would have provided them
• What the deceased would have saved and left to the survivors if he or she had lived a normal expected lifetime

If the death was caused by a defendant’s willful or grossly negligent act or omissions, the plaintiffs may also recover exemplary damages, which go beyond mere compensation to punish the defendant. The jury determines the amount of damages and divides it among the survivors entitled to recover. When we take a case, we fight hard to help our clients recover all of the damages to which they are entitled.

Contact an accomplished Texas injury attorney for a free initial consultation

From our office in Tyler, we represent clients in wrongful death litigation throughout East Texas. We are prepared to deliver the steadfast representation your case requires. Call Dobbs & Porter, PLLC at 903-600-HURT(4878) or contact us online to schedule a free initial consultation.