Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Victoria Pearce
Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
An unexpected accident that leads to a person’s death is a tragedy. Expenses from medical bills, funeral arrangements and lost wages can pile up quickly. When this happens, a wrongful death claim lets surviving family members recover compensation from wrongdoers.
Coping with a wrongful death is easier when you have someone fighting for your rights. We’ve found 10 of the best wrongful death lawyers in Fort Worth to make it easier for you to find the right lawyer for you. We also cover what to expect from wrongful death laws in Texas.
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Best Wrongful Death Attorneys in Fort Worth
Compare Top Wrongful Death Attorneys
Filing a Wrongful Death Lawsuit in Texas
If your loved one has died unexpectedly, you may be wondering whether a wrongful death lawsuit is the right move. This type of legal action is meant to reimburse surviving family members for the financial burdens that can arise after a loved one’s death.
In order for a death to be considered a wrongful death, you must required to prove that a wrongdoer owed your loved one a duty of care, did not fulfill that duty and that failure led to financial damages. Damages can be economic, such as hospital bills or funeral expenses. They can also be non-economic, such as for the loss of your loved one’s companionship.
Texas Statute of Limitations for Wrongful Death Cases
There are limits in Texas law for how long you have to file a lawsuit. This limit is called a statute of limitations. In wrongful death cases, the statute of limitations in Texas is two years from the date of death.
Filing a wrongful death lawsuit when more than two years have passed since the death could result in the case being dismissed. When you are unsure of the deadline, an experienced wrongful death lawyer can evaluate your situation and help make sure you file in time.
Texas Wrongful Death Laws
Texas laws limit who can file a wrongful death lawsuit and also set out limits for how much can be awarded as damages in some cases. These are the main legal limits to consider before filing a wrongful death lawsuit.
- Who can file a wrongful death claim? A wrongful death lawsuit can be filed by a surviving spouse, child, or parent of the deceased. A representative of the deceased person’s estate may also file a claim if none of the qualifying family members file within three months of the death.
- Personal injury claims by the estate. In Texas, a personal injury claim survives the death of an injured person or wrongdoer. This means that the deceased person’s qualifying family or representatives can bring a personal injury claim on behalf of the deceased person.
- Medical malpractice damage caps. All medical malpractice lawsuits in Texas are limited by damage caps. Caps apply to non-economic damages, such as loss of companionship. The overall cap is $500,000 for these damages, with a limit of $250,000 for each claimant. The cap does not apply to economic damages, such as medical expenses or funeral costs. Wrongful death cases that are not due to medical malpractice are not subject to damage caps.
- Comparative negligence. Recovery in a wrongful death case can be limited by Texas’ comparative negligence laws. These laws set proportionate responsibility for an incident that caused injury or death. In order to recover damages, the deceased person’s fault for the incident cannot exceed 50%. How much can be recovered is lessened by the percentage of fault assigned as well.
Wrongful Death Settlement Considerations
It is fairly common for wrongful death cases to settle. The payment for a settlement in a wrongful death case usually comes from an insurance company if the defendant in your case was insured. If the defendant was not insured, or if the settlement exceeds what the insurance policy covers, then some or all of the recovery may come from the defendant directly.
Once settled, damage payments are distributed after lawyers’ fees are deducted. Most Texas lawyers offer to take wrongful death cases on contingency. This means that they don’t bill you for services during the case but take a percentage of any compensation recovered on the case. The percentage may vary depending on the lawyer you hire and the complexity of the case, but a common range is 33.33% and 40%.
Wrongful death settlements are usually not subject to tax payments. Work with your tax professional to fully understand any tax liability. Texas state laws do not require state taxes on a wrongful death settlement.
How Can an Attorney Help You?
You may be able to file insurance claims on your own following the death of your loved one, but an experienced attorney can help ensure you recover all of what you are owed and take some of the stress out of the process.
Insurance forms can be complicated, and insurance companies may not make your claim process straightforward. An attorney familiar with wrongful death cases has access to resources like medical experts, comparable case data and testing facilities that can bolster your claim. They can also check over your paperwork to avoid errors and fight against unnecessary delays.
The support you receive from your attorney can be invaluable. This is a stressful and often confusing process. Your attorney will give honest feedback on your case and help you understand what is happening at each step.
How to Find the Best Wrongful Death Lawyer in Fort Worth, TX
A wrongful death claim comes along when a serious accident has claimed the life of your loved one. Compensation in these cases can run into the millions of dollars, so it is worth taking the time to find a lawyer you can trust. Use this list of factors to evaluate each lawyer you consider:
- Similar case experience. Wrongful death cases can bring up different laws and legal strategies than other personal injury cases. The circumstances of the case can also make a big difference. For example, if your loved one died following a botched surgery, this differs greatly from a death caused by a trucking accident.
- Trial experience. Your lawyer should be prepared to pursue your case to a jury verdict if necessary. Many wrongful death cases are settled before a trial, but a reputation for strong trial experience can aid in settlement negotiations because it is clear your lawyer is capable of handling the case all the way through trial if necessary.
- Fee percentage. Your case will likely be taken on contingency, so compare the percentage each lawyer will take from your case recovery.
- Case management. Wrongful death cases can take significant time to process. Be sure you are comfortable with how the lawyer plans to communicate case status to you and respond to your questions.
Methodology
To come up with the best wrongful death lawyers in Fort Worth of 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much can you sue for wrongful death in Texas?
Texas does not cap your recovery in wrongful death cases, except for those stemming from medical malpractice. In those cases, non-economic damages are capped at $500,000.
The amount you can recover for a wrongful death case in Texas also depends on how a court assigns fault for the accident that led to the death. A qualified lawyer can evaluate the specifics of your case and help you determine a likely case value.
How are wrongful death settlements paid out in Texas?
A wrongful death settlement in Texas can be paid out as a lump sum or in a structured settlement. Lump sum settlements are paid all at once after the settlement is finalized. A structured settlement arranges payments at regular intervals over a set period of time.
What is the burden of proof for wrongful death in Texas?
Texas law assigns fault in wrongful death cases. In order to succeed and recover damages, you must prove that the death was not more than 50% the fault of your deceased loved one. This assignment of fault is called “proportionate responsibility” in Texas.
