Wrongful Death Attorneys in Dallas, TX: Justice for Families with McGilberry & Shirer

The loss of a loved one is devastating, especially when it occurs due to someone else’s negligence or reckless behavior. This tragedy is compounded when surviving family members face emotional anguish, financial instability, and unanswered questions. At McGilberry & Shirer, our experienced wrongful death attorneys in Dallas are dedicated to helping families secure justice and financial compensation during these difficult times. With over 60 years of combined experience and a proven track record, we aim to provide compassionate, effective legal representation tailored to your needs.

Why Choose McGilberry & Shirer for Your Wrongful Death Case?

McGilberry & Shirer stands out in the legal landscape of Dallas for several key reasons:

• Proven Success: Over 10,000 clients represented with significant settlements and verdicts.
• Experienced Team: More than six decades of combined legal expertise.
• Client-Centered Approach: Personalized guidance and support throughout the legal process.
• 24/7 Availability: Our team is here whenever you need assistance.

When facing a wrongful death case, having a team with this level of dedication and expertise can make a significant difference in the outcome.

Understanding Wrongful Death in Texas

What Constitutes a Wrongful Death?

Under Texas law, wrongful death occurs when a person’s demise results from the negligence, recklessness, or intentional actions of another individual or entity. Common causes include:

• Motor Vehicle Accidents: Car accident, truck accident, and motorcycle crashes are among the leading causes of wrongful deaths in Texas.
• Workplace Accidents: Construction site mishaps and industrial facility failures often lead to fatal injuries.
• Medical Malpractice: Errors in diagnosis, treatment, or surgery that result in death.
• Premises Liability Incidents: Fatalities caused by unsafe conditions, such as slip and fall accidents or inadequate security.
• Defective Products: Malfunctioning machinery, unsafe consumer goods, or toxic substances.

Key Statistics on Wrongful Deaths in Texas

To highlight the prevalence and impact of wrongful deaths, consider these data points:

• According to the Texas Department of Transportation, over 4,400 fatal crashes occurred in the state in 2022.
• Workplace fatalities in Texas totaled 469 in 2021, with the construction industry accounting for 21% of these deaths.
• The National Practitioner Data Bank reported over 3,000 medical malpractice claims in Texas from 2018 to 2022, many involving wrongful deaths.

These numbers underline the critical need for experienced legal representation to hold responsible parties accountable.

Who Can File a Wrongful Death Lawsuit in Texas?

Under Texas law, specific individuals are eligible to file a wrongful death claim:

• Surviving Spouse: Entitled to compensation for loss of companionship and financial support.
• Children: Both minor and adult children can file claims for loss of parental guidance and support.
• Parents: Eligible to seek damages for the emotional pain of losing a child.
• Executor of the Estate: If immediate family members do not file within three months, the executor may pursue a claim on behalf of the estate.

Key Legal Requirements

To pursue a wrongful death lawsuit, plaintiffs must prove:

• Negligence or Intent: The defendant’s actions directly caused the death.
• Damages: The surviving family members or estate suffered measurable losses.

Texas imposes a two-year statute of limitations for wrongful death claims, making it crucial to act promptly.

Types of Compensation Available

Wrongful death settlements in Texas can include a wide range of damages, categorized as follows:

Economic Damages

• Medical Bills: Costs incurred before the victim’s passing.
• Funeral and Burial Expenses: Often a significant financial burden for families.
• Lost Wages and Benefits: Compensation for the income and benefits the deceased would have provided.
• Loss of Services: Reimbursement for tasks the deceased performed, such as childcare or household maintenance.

Non-Economic Damages

• Pain and Suffering: Emotional trauma endured by surviving family members.
• Loss of Companionship: The emotional and relational void left by the deceased.
• Loss of Parental Guidance: Compensation for children deprived of their parent’s support and mentorship.

Punitive Damages

In cases involving gross negligence or intentional harm, Texas courts may award punitive damages to punish the defendant and deter similar conduct.

The McGilberry & Shirer Process: How We Build a Strong Case

Comprehensive Investigation

Our team conducts thorough investigations to gather evidence, including:

• Accident reports and witness statements
• Medical and autopsy records
• Surveillance footage
• Expert testimony (e.g., accident reconstruction specialists, medical professionals)

Establishing Liability

Wrongful death cases often involve multiple liable parties, such as:

• Negligent drivers or operators
• Employers or supervisors in workplace incidents
• Manufacturers of defective products

Our attorneys meticulously analyze all evidence to identify responsible parties and build a compelling case.

Negotiation and Litigation

While many wrongful death claims are resolved through settlements, McGilberry & Shirer is fully prepared to take cases to court if necessary. Our goal is to secure maximum compensation for our clients, whether through negotiation or litigation.

Real Stories: McGilberry & Shirer’s Success in Wrongful Death Cases

Case Study 1: Fatal Workplace Accident

A construction worker’s tragic death due to inadequate safety measures resulted in a $2.5 million settlement for his grieving family. Our team demonstrated the employer’s failure to adhere to OSHA regulations, securing justice and financial relief.

Case Study 2: Defective Product Fatality

A family received $3.1 million after their loved one was fatally injured by a malfunctioning consumer product. Our attorneys uncovered critical design flaws and held the manufacturer accountable.

These examples highlight our commitment to delivering results for our clients.

How to Begin Your Wrongful Death Claim

Step 1: Schedule a Free Consultation

Contact McGilberry & Shirer at 972-764-8675 to discuss your case with our experienced attorneys. We’ll review your situation, answer your questions, and outline your legal options.

Step 2: Gather Documentation

Prepare key documents, including:

• Medical and autopsy reports
• Funeral expense receipts
• Proof of lost income
• Any correspondence with insurance companies

Step 3: Let Us Handle the Legalities

From filing paperwork to negotiating with insurers, we manage every aspect of your case, allowing you to focus on healing.

Data-Driven Insights: Wrongful Death Trends in Dallas

• Motor Vehicle Crashes: In 2022, Dallas recorded 227 fatal motor vehicle accidents, including 64 involving impaired drivers.
• Workplace Fatalities: The city’s booming construction industry accounted for a significant portion of workplace deaths, with falls being the leading cause.
• Premises Liability Cases: Unsafe property conditions contributed to over 300 severe injuries in Dallas last year, some of which were fatal.

Frequently Asked Questions (FAQs)

How Long Does a Wrongful Death Case Take?

The timeline varies but typically ranges from several months to a few years, depending on the complexity of the case and willingness of defendants to settle.

What if Multiple Parties Are Liable?

Texas follows proportionate responsibility rules, allowing plaintiffs to recover damages even if multiple parties share fault.

How Much Does It Cost to Hire McGilberry & Shirer?

We work on a contingency fee basis, meaning you pay nothing unless we secure compensation on your behalf.

Take the First Step Toward Justice

If you’ve lost a loved one due to someone else’s negligence, don’t face the legal complexities alone. The wrongful death attorneys at McGilberry & Shirer are here to help. Call us at 972-764-8675 for a free consultation. We’ll fight tirelessly to secure the compensation you deserve and hold the responsible parties accountable.