Have You Lost a Loved One Due to Someone’s Negligence in Carrollton?
No family is ever prepared for the devastation that comes with losing a loved one at the hands of someone else’s negligence. In addition to the immeasurable grief, surviving relatives often face funeral expenses, medical bills, lost household income, and the irreplaceable loss of guidance, care, and companionship.
Wrongful death claims can arise from many types of preventable events, including motor vehicle crashes, unsafe property conditions, or workplace hazards.
At O’Hare and Koch, our Carrollton wrongful death attorneys provide compassionate legal guidance for families in the midst of grief. While no verdict or settlement can ever replace your loved one, taking legal action can at least provide financial stability and bring some measure of justice under Texas law.
What Is Considered a Wrongful Death in Texas?
Under Texas law (Tex. Civ. Prac. & Rem. Code, Chapter§ 71), a wrongful death occurs when a person’s life is taken due to another’s “wrongful act, neglect, carelessness, unskillfulness, or default.” These cases can stem from any type of negligent or reckless conduct arising behind the wheel of a vehicle, at work or during everyday activities.
Car and truck collisions, motorcycle crashes, and boating accidents are all life-threatening scenarios. Construction accidents, defective products, slip and falls—any time someone is injured so seriously as to die as a result—all beg the question: Whose negligence is responsible for this?
The answer to this question will determine which entities we target in claims or litigation to discover what wrongful acts on their part caused the loss of your loved one.
What Damages Can You Recover in a Wrongful Death Lawsuit?
Wrongful death claims allow certain family members to recover both economic losses and non-economic harms. Depending on the facts, recovery may include:
- Medical expenses related to care before death
- Funeral and burial expenses
- Loss of earning capacity and financial support that the deceased would have provided
- Loss of advice, counsel, and inheritance
- Loss of companionship and mental anguish experienced by surviving family members
- Punitive damages in cases of egregious or reckless misconduct
These damages recognize the profound personal, emotional, and long-term effects that families suffer in the aftermath of a fatal accident. For real examples of how juries and settlements have valued such claims, see our case results.
Defenses to Wrongful Death Families May Encounter
Defendants and insurers often attempt to reduce liability by claiming:
- Comparative fault: arguing the decedent’s actions caused or contributed to the accident (Tex. Civ. Prac. & Rem. Code § 33.001)
- Lack of causation: asserting the death was caused by unrelated conditions
- Legal immunity: some government entities have limited liability under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code, Chapter 101)
Our attorneys anticipate these defenses and prepare evidence, testimony, and expert analyses to ensure your loved one’s story is fully heard.
Statute of Limitations in Texas Wrongful Death Cases
The statute of limitations is another defense sometimes raised in wrongful death cases. In Texas, most lawsuits must be filed within two years of the date of death (Tex. Civ. Prac. & Rem. Code § 16.003(b)). However, there are important exceptions:
- Claims involving a minor child may not begin until the child turns 18
- If negligence was concealed, the clock may extend until discovery
- Claims against government entities may require notice in as little as six months
Missing a deadline can result in dismissal, no matter how strong the case. Speaking with a Carrollton wrongful death lawyer promptly is the best way to preserve evidence and protect your rights.
How O’Hare and Koch Pursues Justice for Families After a Fatal Accident
Wrongful death cases demand both legal precision and deep compassion. At O’Hare and Koch, we:
- Conduct thorough investigations into the cause of death
- Identify all liable parties, including individuals, companies and governmental agencies
- Work with experts in accident reconstruction, economics, and medicine
- Present compelling evidence through photos, video, graphics and testimony
- Pursue negotiation or trial to recover the full value of your claim
Our experienced attorneys have many decades of experience representing grieving families across Texas. We bring that same tenacity and dedication to every case we accept.
Schedule a Free Consultation with a Carrollton Wrongful Death Attorney
If your family has lost a loved one because of another’s negligence, you may be entitled to bring a wrongful death claim. These cases are time-sensitive as critical evidence can disappear, lost or hidden in the days and weeks following a fatal accident. Witness memories can fade over time over time and witnesses can be lost due to moves or death.
At O’Hare and Koch, we combine legal skill with the utmost sensitivity for the families we serve. When you contact our firm, we will review your case, explain your options, and guide you step by step. There are no upfront costs or legal fees unless we secure compensation for you. Speak with a Carrollton wrongful death attorney today to begin moving forward with dignity and justice.