Losing a family member in a preventable accident is devastating. When someone else’s negligence takes your loved one, you’re left with grief, unanswered questions, and financial uncertainty. Dallas wrongful death lawyer Kenny Perez understands what your family is going through. With over $75 million recovered for clients across Texas and 300+ five-star reviews, Kenny Perez Law stands with grieving families seeking justice and accountability.
Kenny Perez has represented dozens of families who lost loved ones in car crashes, trucking collisions, workplace accidents, and other preventable tragedies. He knows Dallas County courts, understands Texas wrongful death law, and fights to hold negligent parties accountable while treating your family with the compassion you deserve during this difficult time.
As a fatal accident attorney in Dallas, Kenny Perez works on contingency—you pay nothing unless your family recovers compensation. He handles every legal detail so you can focus on grieving and healing. His bilingual team serves English and Spanish-speaking families throughout the Dallas-Fort Worth metroplex.
Kenny Perez Law has recovered tens of millions for Texas families who lost loved ones too soon. Based in Brownsville with offices serving Dallas and Houston, the firm brings local knowledge and proven results to every wrongful death case. If your family is suffering after a fatal accident, call today for a free, confidential consultation. You owe nothing unless we recover compensation for your family.
On This Page:
- Who can file a claim
- Building your case
- Negotiating with insurers
- Trial if necessary
- What wrongful death means legally
- Common causes in Dallas
- Damages your family can recover
- Texas laws affecting your claim
- How insurance companies respond
- Frequently asked questions
- Why choose Kenny Perez Law
What Is Wrongful Death Under Texas Law?
Under Texas law, wrongful death occurs when someone dies because of another person’s or entity’s wrongful act, neglect, carelessness, unskillfulness, or default. The Texas Wrongful Death Act allows certain family members to seek compensation for the losses they suffered due to their loved one’s death.
Wrongful death claims are civil cases, separate from any criminal prosecution. Even if criminal charges are filed against the person responsible, your family can still pursue a wrongful death lawsuit. The burden of proof in civil court is lower—you must show the defendant was liable by a preponderance of the evidence, not beyond a reasonable doubt.
These cases cover deaths from many causes: motor vehicle accidents, workplace incidents, medical malpractice, defective products, nursing home abuse, and more. What matters is whether someone’s negligence or wrongful conduct caused your loved one’s death.
A related legal concept is the “survival action.” This claim belongs to the deceased person’s estate and covers what the deceased person could have recovered if they had survived—medical bills before death, pain and suffering they experienced, and lost wages between injury and death. Your Dallas wrongful death attorney can file both claims together to maximize your family’s recovery.
Texas law imposes strict rules about who can file these claims and when they must be filed. Having an experienced fatal accident lawyer in Dallas County helps your family meet every deadline and requirement.
Common Causes of Wrongful Death in Dallas
Dallas County sees fatal accidents from numerous causes. Kenny Perez Law has represented families whose loved ones died in:
Motor Vehicle Accidents: Car crashes, truck collisions, motorcycle accidents, and pedestrian deaths are leading causes of wrongful death in the Dallas-Fort Worth area. High-speed corridors like I-35E, I-45, I-20, and the LBJ Freeway see frequent fatal collisions. Many result from distracted driving, drunk driving, speeding, or aggressive behavior.
Commercial Truck Crashes: The DFW metroplex is a major freight hub with heavy 18-wheeler traffic. When semi-trucks crash into passenger vehicles, the results are often fatal. Truck accident wrongful death cases often involve trucking companies, cargo loaders, and maintenance providers in addition to the driver.
Workplace Accidents: Construction sites, warehouses, manufacturing facilities, and oil and gas operations in the Dallas area can be deadly when safety protocols fail. Families of workers killed on the job may have both workers’ compensation death benefits and wrongful death claims against third parties.
Medical Malpractice: Surgical errors, misdiagnoses, medication mistakes, and hospital negligence can result in patient deaths. These cases require proving the medical provider breached the standard of care.
Premises Liability: Negligent property owners sometimes create dangerous conditions that lead to deaths—inadequate security resulting in assault, swimming pool drownings, building collapses, or fires caused by faulty wiring.
Defective Products: Cars with defective airbags, dangerous pharmaceutical drugs, faulty machinery, and other defective products can kill consumers and workers.
Nursing Home Abuse and Neglect: Elderly residents die from bedsores, malnutrition, dehydration, falls, and medication errors when nursing homes fail to provide proper care.
Whatever caused your loved one’s death, a Dallas wrongful death lawyer investigates the circumstances, identifies all liable parties, and builds a case proving negligence led to the fatal outcome.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law is specific about who has the legal right to file a wrongful death claim. Only certain family members—called “statutory beneficiaries”—can bring the lawsuit:
The Surviving Spouse: The deceased person’s husband or wife at the time of death has the right to file. Common-law spouses may qualify under certain circumstances.
The Children: All biological and legally adopted children can file wrongful death claims. This includes adult children and minor children.
The Parents: The mother and father of the deceased can file, whether the deceased was a minor or adult. This includes adoptive parents.
These three groups—spouse, children, and parents—have the exclusive right to file wrongful death claims in Texas. Siblings, grandparents, aunts, uncles, and other relatives cannot file wrongful death lawsuits, even if they were close to the deceased or suffered financial losses.
If none of these family members files a lawsuit within three months after the death, the deceased person’s estate representative (executor or administrator) can file on behalf of the statutory beneficiaries.
Multiple family members can join together in one wrongful death lawsuit, or they can file separately. Your death claim lawyer in Dallas will help your family decide the best approach based on your specific situation.
The Texas two-year statute of limitations applies—your family must file the wrongful death lawsuit within two years of the date of death, with few exceptions. Missing this deadline typically means losing the right to recover compensation forever.
Damages Your Family Can Recover
Texas law allows families to recover several types of compensation in wrongful death cases. These damages acknowledge both economic losses and the emotional devastation of losing a loved one.
Loss of Companionship and Society: This compensates for losing your loved one’s presence, comfort, companionship, advice, and protection. It recognizes that family relationships have immense value that extends beyond money.
Mental Anguish and Emotional Distress: The grief, sorrow, and psychological pain your family experiences because of the loss. This includes both past suffering since the death and future anguish your family will endure.
Loss of Inheritance: The money and property your loved one would have accumulated and passed to you if they had lived a normal lifespan.
Lost Household Services: The value of services your loved one provided—childcare, home maintenance, financial management, and other contributions to the household.
Funeral and Burial Expenses: The reasonable costs of the funeral service and burial or cremation.
Medical Bills Before Death: If your loved one received medical treatment between the injury and death, those expenses can be recovered through a survival action filed alongside the wrongful death claim.
Lost Earning Capacity (Survival Action): The income your loved one would have earned from the time of injury until death, recovered through the survival action.
Pain and Suffering Before Death (Survival Action): If your loved one survived for any period after the injury, their physical pain and mental anguish before death can be recovered through the survival action.
Punitive Damages (Rare): In cases involving gross negligence, malice, or fraud, Texas law allows punitive damages designed to punish the defendant and deter similar conduct. These are awarded in addition to compensatory damages but only in extreme cases.
There are no caps or limits on wrongful death damages in most cases. The exception is medical malpractice wrongful death claims, which face a $500,000 cap on non-economic damages against physicians and a separate cap against hospitals.
Calculating the full value of your family’s losses requires careful analysis. Your Dallas wrongful death attorney examines your loved one’s age, health, earning capacity, life expectancy, and relationship with each family member to build a complete damages picture.
Texas Laws That Affect Wrongful Death Claims
Several Texas statutes and legal principles shape how wrongful death cases proceed in Dallas County and throughout the state.
Two-Year Statute of Limitations: The Texas Civil Practice and Remedies Code gives families two years from the date of death to file a wrongful death lawsuit. This deadline is firm—courts dismiss cases filed even one day late. The clock starts on the date of death, not the date of the accident or injury that caused death.
Modified Comparative Negligence: Texas follows a modified comparative negligence rule. If the deceased person was partially at fault for the accident, it can reduce your family’s recovery proportionally—but only if their fault was 50% or less. If your loved one was 51% or more responsible, your family recovers nothing. Insurance companies often try to blame accident victims to reduce payouts, so having an attorney who fights these accusations is critical.
No Survival of Certain Claims: Some claims die with the person. For example, pain and suffering after death cannot be recovered. Texas law recognizes that only the living can experience suffering, so damages for emotional distress end at death.
Workers’ Compensation Exclusivity: If your loved one died in a workplace accident, Texas workers’ compensation provides death benefits but generally prohibits wrongful death lawsuits against the employer. However, you can still sue third parties whose negligence contributed to the death—equipment manufacturers, subcontractors, property owners, and others.
Wrongful Death Act vs. Survival Action: Understanding the difference between these two legal claims matters. The Wrongful Death Act creates a new cause of action for family members after death. The survival action continues claims the deceased could have brought if they survived. Your lawyer files both to recover all available compensation.
Insurance Policy Limits: Defendants may have limited liability insurance coverage. In car accident death cases, the at-fault driver may have only the Texas minimum coverage of $30,000 per person. This often falls far short of what your family deserves. Your fatal accident attorney investigates all insurance policies that might apply—personal auto, commercial, umbrella, premises liability, and others.
How Insurance Companies Handle Death Claims
Insurance companies treat wrongful death claims with extreme scrutiny because the potential payouts are high. Expect the insurer to employ several tactics to minimize what your family receives.
Immediate Lowball Offers: Adjusters sometimes contact grieving families within days of a death, offering quick settlements for far less than the claim’s real value. They know families are vulnerable and may accept inadequate amounts to cover immediate expenses. Never accept an insurance settlement without speaking to a Dallas wrongful death lawyer first.
Disputing Liability: Insurance companies investigate accidents looking for any way to shift blame to your loved one or claim someone else was responsible. They may hire accident reconstructionists, interview witnesses before you do, and preserve evidence that helps them while ignoring evidence that helps you.
Challenging Damages: Insurers argue that your family’s losses aren’t as severe as you claim. They may hire economists to minimize the value of lost earning capacity or argue that family relationships weren’t close enough to justify compensation for mental anguish.
Delaying the Process: Insurance companies know that prolonging claims causes financial pressure on families. They delay responses, request unnecessary documentation, and drag out negotiations hoping you’ll accept less to resolve the matter quickly.
Surveillance and Social Media Monitoring: Insurers investigate claimants, sometimes using investigators or monitoring social media for posts they can use against you. A photo of a family member smiling at a gathering months after the death might be taken out of context to argue your grief isn’t genuine.
Refusing to Pay: Sometimes insurers simply deny valid claims, forcing families to file lawsuits. They count on many people giving up rather than going through litigation.
Kenny Perez Law knows every tactic insurers use because we’ve seen them hundreds of times. We handle all communication with insurance companies, protecting your family from their pressure and manipulation. Our job is making sure insurers pay full and fair compensation or face a jury.
The Wrongful Death Legal Process in Dallas County
While every case is different, most wrongful death claims follow a similar path through the legal system.
Initial Consultation and Case Evaluation: Your family meets with Kenny Perez Law for a free, confidential consultation. We listen to what happened, review any documentation you have, explain your legal rights, and assess the strength of your potential claim. This meeting is completely free whether you hire us or not.
Investigation and Evidence Gathering: If you hire us, we immediately begin investigating. This includes obtaining police reports, medical records, autopsy reports, employment records, and witness statements. We may hire accident reconstructionists, medical professionals, or economic experts. For truck accidents, we send spoliation letters preserving electronic logging device data, maintenance records, and driver qualification files. The faster we act, the more evidence we preserve.
Identifying All Defendants and Insurance Policies: We identify every party whose negligence contributed to your loved one’s death and locate all applicable insurance policies. This might include individual drivers, trucking companies, property owners, product manufacturers, or employers. Finding all responsible parties and insurance coverage maximizes your family’s potential recovery.
Filing the Wrongful Death Lawsuit: We prepare and file a detailed lawsuit in Dallas County court before the two-year deadline. The lawsuit names all defendants, describes how their negligence caused your loved one’s death, and specifies the damages your family seeks.
Discovery Phase: Both sides exchange information through written questions (interrogatories), document requests, and depositions (recorded testimony under oath). We depose defendants, their employees, and witnesses. Defendants depose family members about their relationship with the deceased and how the death has affected them.
Negotiations and Settlement Discussions: Throughout the process, we negotiate with defendants and their insurers. Many wrongful death cases settle before trial when defendants recognize the strength of our evidence and our willingness to go to court. We never recommend accepting a settlement unless it fully compensates your family for your losses.
Mediation: Courts often require mediation—a formal settlement conference with a neutral mediator. If both sides agree on a settlement at mediation, the case resolves without trial.
Trial: If settlement negotiations fail, we take your case to trial before a Dallas County jury. We present evidence, call witnesses, and argue for the compensation your family deserves. Kenny Perez is an experienced trial attorney prepared to fight for your family in court.
Appeal (If Necessary): If the defendant appeals an unfavorable verdict, we defend your family’s victory through the appellate process.
The process typically takes 12 to 24 months, sometimes longer for complex cases. Your wrongful death attorney Dallas TX will keep you informed at every stage and answer questions as they arise.
Why Choose Kenny Perez Law for Your Dallas Wrongful Death Case
Losing a family member is the worst thing most people ever experience. Choosing the right attorney to represent your family during this time matters enormously.
Proven Track Record: Kenny Perez has recovered more than $75 million for injured clients and grieving families throughout Texas. His results speak to his ability to maximize compensation even against well-funded defendants and their insurers.
Experience with Fatal Accident Cases: Kenny Perez Law has represented families in car accident death cases, truck accident fatalities, workplace deaths, and other wrongful death claims. We understand the legal complexities and the emotional weight these cases carry.
Compassionate Representation: We treat grieving families with the respect and sensitivity they deserve. You’re never just a case number. Kenny Perez and his team take time to understand your loved one’s life and what your family has lost.
No Fee Unless We Win: Wrongful death cases are handled on contingency. Your family pays no upfront costs and no attorney fees unless we recover compensation for you. We advance all case expenses—expert witnesses, court filings, investigation costs—and only get reimbursed if we win.
Bilingual Service: Kenny Perez and his staff are fully bilingual in English and Spanish. Spanish-speaking families communicate directly with their attorney in their preferred language, ensuring nothing gets lost in translation.
Resources to Handle Complex Cases: Wrongful death litigation against corporations, insurance companies, and other well-funded defendants requires significant resources. Kenny Perez Law has the financial strength to hire top experts, conduct thorough investigations, and take cases to trial when necessary.
Personal Attention: Kenny Perez personally handles every wrongful death case. You work directly with him, not a paralegal or junior attorney. He returns calls promptly and keeps families informed throughout the legal process.
Deep Understanding of Dallas: While headquartered in Brownsville, Kenny Perez Law serves clients throughout Texas, including the Dallas-Fort Worth metroplex. We understand Dallas County courts, local juries, and the specific challenges families face in North Texas.
300+ Five-Star Reviews: Hundreds of clients have left five-star reviews describing their positive experiences with Kenny Perez Law. Our reputation is built on results and relationships.
If your family lost someone you love in a preventable accident, you deserve an attorney who will fight for justice while treating you with compassion. Contact Kenny Perez Law today.
