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Gina West ★★★★★ These are professional people who really do care. I called them for the first time on yesterday about my vehicle accident and Josh represented the firm with compassion. He listened, explained that someone would be contacting me today and minutes later Matt called me. I was given the option of an appointment the same day or early the next morning at my home. Matt provided me with his direct contact phone number and his email address. It's with 27 years of serving, training and experience in the United States Air Force that I give this law firm the highest recommendation. Grateful indeed, Gina W.Marvinette Monroe ★★★★★ I can’t say enough about Josh and the team at Mullen & Mullen with assisting with my motor vehicle accident in Dallas, TX. They’re consistently courteous, professional, and provide exceptional service. I will recommend their team for any motor vehicle accidents and slip & falls.Amber Burnett ★★★★★ Mullen & Mullen assisted my husband when he was injured in a motor vehicle collision on Main Street. They are absolutely wonderful Frisco personal injury lawyers. They assisted him in getting the medical attention he needed following the wreck. When it came time to negotiate with the insurance companies, they wouldn't take no for an answer. Our attorneys kept the heat on until they finally had to do the right thing. I feel like a lot of firms would have given up and recommended a lawsuit right away but Mullen & Mullen attorneys are super ethical and determined. They were eventually able to help my husband get almost the full available policy limits without the stress and time associated with a lawsuit. If you need a Frisco car accident attorney these are the injury lawyers you should call. Highly recommended!Chad Burnett ★★★★★ I hired Mullen & Mullen following a motor vehicle collision. I could not be more pleased with the Dallas personal injury lawyers I selected. They are the real deal! I was always kept in the loop on case developments. My attorneys sent the at-fault liability carrier multiple demands to make them agree to pay the policy limits. My lawyers also sent my own insurance company several demands to get them to offer me nearly the policy limits. A lot of attorneys would have given up and just recommended filing a lawsuit but Mullen & Mullen kept pounding the insurance companies until they did the right thing. This saved me a tremendous amount of money and time. I'm so very grateful that I found ethical, tenacious, and skilled attorneys to represent me. Mullen & Mullen gets my highest recommendation if you need a Dallas car accident attorney.C. BurnettDiane Wallace ★★★★★ Mullen and Mullen did an absolutely brilliant job representing me in an injury lawsuit and getting me maximum settlement results. I recommend them highly!Mari Hks ★★★★★ Highly recommend this law firm, Josh took care of my case he was very nice and professional along with everyone else.Cayleb Murphy ★★★★★ Honestly 5 stars doesn’t do them justice. Had an amazing experience working with Mullen and Mullen. I really felt taken care of throughout the entire process. Greg was especially nice to work with, he provided me with updates and answered all my questions whenever I had them. Would definitely recommend!Zac Canida ★★★★★ I’m only 22 and this was the first case I’ve ever had, I got recommended Mullen and Mullen by a friend who has used them plenty of times and said nothing but good things about them. I have yet to see or hear anything that contradicts her statements! Everyone on the Mullen and Mullen team has been super helpful and kind to me by explaining everything that had and needs to be done to get the case in the right direction. Greg especially has been very helpful by keeping me updated and answering any questions I might have about the situation, he’s been an amazing help and I’m glad I was able to get him assigned to help me get what I deserve from my car accident. Very professional and fast responses, If you are ever injured in a car accident I 100% recommend this team to fight for you, ask for Greg!Tossem'Up52 ★★★★★ Wow! What a Great Law Firm Mullin and Mullin. I was in an accident not long ago and if there's ever a misfortune in my life as such, Mullin and Mullin will be the Law Firm that I choose again to take care of everything. Thank you Mullin and Mullin again for everything.sisay Abera ★★★★★ Highly recommend this law firm, filled with very nice and professional people who put their clients first. Josh took care of my case and were able to reduce my medical bills significantly which was awesome! Very pleased and glad I had them to work on my car accident case.Thank you, Mullen & Mullen Law Firmclara johnson ★★★★★ I was involved in a personal injury car accident in Dallas Texas, l worked with Josh and Jessica, they were fantastic. If I ever need help again l won't hesitate to contact them again.Kimberly Palmoore ★★★★★ The best Accident Attorney's in the whole metro plex. Thanks Mr Morrison.Terrie Rachall ★★★★★ Joe Morrison with Mullen and Mullen was fantastic representing me for an injury on someone's property. He kept me updated through the entire 2 year process. If I had any questions, Joe took the time to personally take my call and provide answers. Joe negotiated a settlement very quickly and ensured I received a fair settlement. I highly recommend Mullen and Mullen and would hire them again if I need help in the future. Best experience with any lawyer I have ever had!!Caryn Bonosevich ★★★★★ Mullen & Mullen is awesome! Joseph and Erika made the process simple. I am thankful for the personal service I received.Andrew Brown ★★★★★ Shane Mullen helped me with a complex medical malpractice case. His commitment to my case and attention to detail led to a favorable outcome. I highly recommend Shane and the Mullen & Mullen Law Firm.Alex Malcolm ★★★★★ I was injured in a motorcycle accident, and Shane Mullen took on my case with determination and empathy. His attention to detail and commitment to my case led to a favorable outcome. I'm grateful for his hard work and highly recommend Mullen & Mullen Law Firm.Christopher Castillo ★★★★★ I was involved in bad accident, Thanks to Jessica and Josh from mullen and mullens they help through the whole process. Help me get treatment and really took care of me. Help get back on my feet I really appreciate them. R Brown R Brown ★★★★★ I have had such a wonderful representation under Joseph Morrison. He is a injury lawywer from Dallas and represented me on a case with several parties in a car accident. He worked hard, efficiently and quick to get me help and get the case settled. He is such an amazing attorney and his office staff is A+!Natasha Malone ★★★★★ I had the honor to work with Mr. Morrison and his team recently and he was a life saver. He was thorough, detail oriented and down to earth as they come. He knows his law and doesn't make you feel like a number in line, but like a human. You can't go wrong with direct access and a discounted rate, I made the right decision and you will too.Roison Fox ★★★★★ They helped me out of a tough situation, and never stopped fighting for what I deserved. I am so great full to have them as my law firm when I got in a bad wreck, I highly encourage they will support and guide you through out it all.falisha jones (l0velisha) ★★★★★ I was involved in a car accident in Dallas texas off mockingbird. I was T bone by someone who had ran a red light. Me being a young female, I felt lost and taken advantage of by the other parties insurance.I chose Mullen Mullen because they were the only law firm who physically wanted to meet me and hear my side. They helped me with all on the medical assistance that I needed . Although it was a lot of therapy, I was really happy with the doctors they sent me to. Josh was very welcoming and I honest in the process. Every time I felt so at ease after speaking with him. I am so happy I had him on my case. Very hands on. Highly recommend!!!Jacob Colerick ★★★★★ I cannot express how much Mullen & Mullen helped me turn a rough situation into something I could get through and manage properly.I was in a car accident on the way to work, and had chosen Joseph Morrison to represent and advise me on the matter. He provided me with solid advice and the right information to make educated decisions in the process of recovery. He was also extremely responsive and forthcoming whenever I had any questions. I had very little experience in legal matters so everything was new to me. Joe walked me through all the steps, helped coordinate my appointments with the right doctors, and definitely went above and beyond expectations. I am more than pleased with the outcome and would recommend both him and this firm to anyone!Lisa Tennant ★★★★★ I want to share our experience with Mullen & Mullen who Truly is a five star law firm.My daughter was involved in a serious accident she was 8 1/2 months pregnant and she suffered serious injuries and lost her baby.The person that hit her had no drivers license and no insurance.Not deterred by this Joseph Morrison was masterful at working our case. He was able to get our insurance company to agree to the maximum settlement under our uninsured/underinsured coverage. In addition he was also able to get our health insurance company to drop a huge lien against our settlement.Joe Morrison and his team were so empathetic to our situation. Even though there are limits to what you can be awarded under uninsured/underinsured they never made us feel unimportant.They fought for us and we felt as though they truly cared about us and wanted to have the best possible outcome.Joe Morrison was a true champion for our family and we highly recommend him and their firm.We are so glad that we chose Mullen and Mullen and so grateful for the quality services they provided.We all feel they are the best choice among many and were the right choice for our family.Richard Taylor ★★★★★ I cannot say enough good things about Mullen and Mullen, they are the best in the business! With a permanent neck injury, after already having a discectomy, my future was looking very dark. They got the full term limits from all parties and gave a light for my future instead. Always professional, and the best I've ever seen at answering concerns, and returning phone calls and messages. They are not just a cut above, they are the gold standard of what great attorneys should be. I especially want to thank Joe Morrison and Rosa, you are tops. Thank you both so very much.Klaus Dausmann ★★★★★ Mr. Joseph Morrison represented my daughter during that difficult time did not only get the professionalism that we needed but also a insurance of true empathy and respect for us as human beings. not one time did I feel that I am just a case. outstanding performance and customer service.
I would recommend Mr.Joseph Morrison to my family and friends with good cognitionMs. Macias 2A ★★★★★ They really took care of me and did everything possible for me to get the most out of my accident! Highly recommend! Friendly staff that genuinely cares about you and makes you feel like they’ll do do anything in their power to help you.Paul Nolan ★★★★★ I've consulted with Joseph Morrison on a number of legal issues. He's a fantastic attorney and I highly recommend this firm.Stephanie Hull ★★★★★ Shane is a great lawyer. Him and his team were very understanding, professional, and informative. They deserve more than 5 stars and were great to work with. Thank you Shane!Veronica Da Ponte ★★★★★ The Top Choice community thanks you for your dedication to your city and celebrates your 2020 win with enthusiasm!Ellis Leigh Gardner ★★★★★ Josh Banks at this law firm did such a wonderful job helping me with my case that started in 2017. It may have taken some time, but he was very meticulous and made sure he had everything ready to go. I definitely would recommend him to anyone that is in need of a good lawyer!!Nathan Neto ★★★★★ As a 2019 Top Choice Award Winner, they have proven their dedication to their city by consistently providing excellence through their services. 5 stars!Dyvine Silvestre ★★★★★ They won the 2019 Top Choice Award for their excellence in the pursuit of top customer satisfaction and that equals to hundreds of great customer reviews! Thank you for sharing your passion with your beautiful city!Tami Gray Jordan ★★★★★ I am thankful to this law firm. Mr. Shane Mullen is not just an impressive and talented attorney, he also treats a person with respect. He takes his job very seriously, and he is compassionate with a case he takes on. To add, his assistant is awesome. Thanks! Roy C. Roy C. ★★★★★ The handling of my case from a car wreck incident from the beginning, Josh Banks always had time to answer my questions and would give me updates when I asked. Aside from injury that I sustained, I always felt supported because they proved to me that they where working for the best interest of my situation and needs. I do not know what I would have done without you guys! Especially you Josh! I appreciate your kindness, patience and professionalism. The settlement amount was enough for my future concerns to help me reestablish myself because of my continued long term effects from the accident. Thank you so much!!!Laura Servidone ★★★★★ Mullen and Mullen, was the law firm I choose to represent me for a commercial accident case. I worked specifically with Joe Morrison who went above and beyond to help get a settlement during the most difficult time in my life. I was in and out of the Hospital for a year. Surgery was necessary immediately on my hand, also suffering from multiple herniated disks, 5 hematomas, and stiches where my left eyebrow used to be. I feel blessed to have such a competent law firm and lawyer on my side. Thank you Joe!Laura Villa ★★★★★ I am beyond grateful to this law firm and especially to Josh Banks. Josh delivered the greatest news several weeks ago. He notified me that my case had settled for an amount that I never imagined!!! Thank you Josh for suggesting to wait it out. This money couldn't have come at a better time. If yall only knew how many sleepless nights I had worrying how my situation would end. Thank you, thank you, thank you!!! Oh and by the way Josh I will be plugging in your number into my telephone and I will definitely be recommending you to anyone who needs representation!!Tape Mastah Steph ★★★★★ Mullen & Mullen are 100% true honest life savers.. They deserve 10 Stars!! Thank you for everything, Shane. You're the best! - StephanDanielle Johnson ★★★★★ Mullen & Mullen is an awesome law firm and they are very professional and provide excellent service would give them 6 stars if it was possible and I want to add a special thanks to Josh Banks who was with us every step of the way and made sure I was taken care of through this rough time.Jessica Cullum ★★★★★ Josh Banks is awesome to work with! Mullen and Mullen is such a great law firm!!Kyshia Roney ★★★★★ I really love MullennMullen law firm they really came through for me when I need them the most Joshua banks was able to get me back more then though I would get back. He returns my phone calls the same day and explain everything very well I highly recommend them.Good Life ★★★★★ I must admit before choosing Mullen & Mullen. I took advice from a friend who insisted that I contact another law firm who's name I was very familiar with, from constantly hearing there commercial on the radio. When I called the other law firm they set me up an appointment to come in an speak to someone. I went and was very impressed with how nice there office was, however I was not impressed with how much there fees where. Let's just say that I could see why the decor was so nice after I learned what they would charge me for representation. I politely declined and limped right out of there office. I then went home and started doing my own research online going from one firm to another, reading review after review and came across Mullen & Mullen. I called the office explained my situation just as I had done with the other law firm and the first thing that the lady asked me from Mullen & Mullen was would I like to come in? or Would I like for someone to come out to my home to talk with me? They sent someone out, he answered all of my questoins. He was very thorough and professional so I was only a little impressed at this time, until he explained to me what there fee would be. And that's when I became even more impressed. I was told that a Mr. Josh Banks would be contacting me and would be handling my case. Mr Banks always kept me informed with what was going on and would check to see if I was satisfied with the services that I was receiving. He also got me the maximum amount that I could receive without charging me an arm and a leg, the process didn't take long and I didn't have to go into some fancy smancy office. Over all my experience with Mullen & Mullen has been great! Keep up the good work Mullen & Mullen!Debbie Wilson ★★★★★ Truly great firm! Joseph Morrison went the extra mile to secure great results in a timely manner. I feel lucky to have found the firm and highly recommend, thanks again Joe!Joyce Terry ★★★★★ Josh and Jessica did an awesome job working on my case and got me the settlement I deserve. Other staff member were great and welcoming.Mason DuPont ★★★★★ Shane assisted me with my second case and much like the first one, was very informative and got me taken care of better than I'd hoped for. I recommend this law firm to anybody that would need an attorney!Talia Lozano ★★★★★ My husband and I worked with Joseph at Mullen & Mullen, he was extremely sincere and personable, he did everything he said he would and always followed up when promised. Mullen & Mullen took care of us from the very beginning making everything extremely easy to get the help we needed. It was our first time having to go through something like this and Joseph took care of us the whole way. We also had a recent bankruptcy due to loss of job, and Joseph was able to work with the trustee to get us even more than the court's exception would allow in our particular circumstances.My husband also wants to shout out to "Mike", the original representative we met with after our accident, he was extremely knowledgeable and made everything feel right when signing on with Mullen & Mullen, and gave us the confidence we had nothing to worry about.We were referred by my brother Carlos L. who went to school with Mr. Mullen's son and are glad we took his advice!Stacey Lawrence ★★★★★ I cannot say enough about Mullen & Mullen... I've been working with Shane Mullen and from the beginning he has taken the time to answer all of my questions and explain the process to me in terms which I could understand. He has personally called me through all of this giving me updates and advising me of my options. Other than showing up to my rehab appointments, Mullen & Mullen has done everything else.I am very grateful that I looked at the reviews such as this one and decided to give them a call because it has truly worked out in my favor.Thanks Shane!Deon Johnson ★★★★★ Definitely the best in the business. It is seriously a team effort with the Mullen and Mullen law firm. I hope No one has to go through a situation like mine but if you do I strongly recommend going to Mullen and Mullen . You will rest a lot easier knowing they have you back .Allie Farooq ★★★★★ We were hit by a drunk driver in Mesquite Texas, and immediately went to google search to find an attorney at the scene. We were very apprehensive because we had never been in this type of situation, and never had hired an attorney for a car wreck. We solely chose Mullen and Mullen based on their 5 star review. We are so glad we made this decision! We were both hurt bad and had to see doctors and go through physical therapy. Joseph Morrison handled our case and was so extremely caring and understood our pain, he took his time with our case. Every time I called, he answered, and spent so much time on the phone answering each question. He made sure we got all the treatment necessary before closing our case. We were extremely pleased with the end and will always call if we ever need him. My husband told me it's so easy and they are so nice it makes me nervous. We learned it really was just easy! They really did have our best interest at heart. Our neighbor had a similar wreck and we told them to call and they didn't. They lost so much and the wife still has pain to this day. She always says to me we should have called.Brittany Puckett ★★★★★ I want to thank Joseph with Mullen & Mullen for being the best attorney anyone could have asked for. He worked very hard in getting the medical help I needed after my auto accident. He made me feel like I was his only client. He kept me informed on what was happening during my case and truly cared about my health care needs. His hard work and legal knowledge helped me in getting the insurance limits for pain and suffering allowed. It was more than I expected. Thank you for everything you did for me. I highly recommend Joseph Morrison with Mullen & Mullen Law Firm.Kimberly Greer Nichols ★★★★★ I hired Shane Mullen as my personal injury lawyer for a slip and fall case. I hired them because of the positive reviews they had as well as the amount of experience. I was not disappointed. Shane and Mullen & Mullen did a great job for me and I couldn't be more pleased.Razieh Shoorab ★★★★★ As a future chiropractor who also works for a successful chiropractic office, I deal with many personal injury cases as well as different lawyers. Hands down Mullen & Mullen has been the best. They really do take their business to a personal level. After a screening call from one of his assistance, it was the next day that Shane Mullen called me. I will never forget our first conversation and one thing in particular that he said to me. I said, “This is the first time I am talking with you but I trust you so much” and he replied: “I Fully Trust Myself Too.” That was what I wanted to hear. I wanted to make sure that my lawyer is confident and my case is in good hands and with that settlement he proved his confidence and competence. As an experienced client I suggest that if you ever involve in an accident and need an attorney, do yourself a favor and call Shane Mullen. He will represent you with a passion for justice. Thank you Shane, you are amazing!Razieh Shoorab ★★★★★ There is no way I can express my gratitude towards Mullen & Mullen law firm. Working with them has been by far the best legal experience I have ever had. I was not a million dollar client but was treated like one. I am so grateful that my case was accepted by them and very thankful that I have been awarded a great and beyond imagination settlement because Shane Mullen fought for me relentlessly. I highly recommend everyone to give him a call before turning into any other lawyer. Great job and Thank you again!Danielle Valentino ★★★★★ I had used them before and I delt with Shane Mullen and I can say by far the BEST lawyer I have used! Helped me tremendously! If you need a lawyer call them. Hands down the best!!!!!Diane MacNeil ★★★★★ Having Shane on your case is like sending a pit bull after any other dog - they may "bow up" to try to look bigger and stronger, but the pit is going to win in the long run!Milagros Yates ★★★★★ This is the best law firm in Dallas Tx. This is my second case with this law firm, If I ever have another case I will go right back to him.

Not only do we offer the lowest fee, according to TopVerdict.com, our Dallas wrongful death attorneys obtained 43 TX “Top 50” personal injury settlements in the last 3 years. We will maximize your compensation, and you will pay ZERO until after your claim settles. Just call (214) INJURED now to talk to an attorney who cares, or use the form or chat feature on this page to request your free consultation.

Table of Contents

Top Dallas Wrongful Death Lawyers Who Settle For More

YOU CAN TRUST OUR FAMILY TO FIGHT FOR YOURS™

If your loved suffered a wrongful death due to the negligence or recklessness of another person or company, our skilled Dallas attorneys are ready to assist. Obviously, no amount of money can ever undo the ultimate injustice. Rest assured, however, that we will hold the wrongdoer accountable, get the answers you deserve, and seek the maximum financial compensation available.

Mullen & Mullen is consistently recognized by TopVerdict for obtaining some of the largest recoveries in the entire state of Texas. In the last 3 years our firm made the Texas “Top 50 Personal Injury Settlements” list 43 times. Our stellar results allow us to offer a below industry standard 29% pre-suit contingency fee which means more money in your pocket.

Our experienced local team has an incredibly strong work ethic and truly cares. We’ve been privileged to serve North Texas for over 40 years. This is our backyard. Call (214) INJURED now for a free consultation and some excellent advice.

A Message From Our Managing Partner

“We fought for this family like we’ll fight for yours.”
When the unthinkable happens, grieving families need and deserve answers. For many decades, our firm has recovered damages and held wrong-doers accountable on behalf of clients who have lost loved ones.

Most of our firm’s wrongful death case results are confidential and cannot be discussed in any detail. I can talk about one, however, that shows what our firm is all about.

We were retained by the family of a gentleman who was struck as a pedestrian while walking on the shoulder of a highway. The liability carrier for the motorist quickly disclosed their insured’s policy limits but denied liability and refused to pay the policy limits when the police report faulted our deceased client.

In his police statement, the motorist claimed our client stumbled into his lane of travel. When we ordered a toxicology report, it demonstrated their loved one had no drugs or alcohol in his system – casting serious doubt on the motorist’s suggestion that our client appeared to be stumbling prior to the incident.

We also ordered the investigating officer’s body worn camera footage. This proved key. The footage included a very brief exchange where the motorist acknowledged seeing our client prior to the incident – establishing there was sufficient time for him to react. The implication is clear – the motorist hadn’t moved far enough over to avoid striking our client even though he had a chance to do so.

Our firm submitted this brief but critical footage with our settlement demand and the carrier quickly reversed itself. More importantly, a grieving family could now rest easier knowing the full story of what happened to their loved one.

We didn’t get the police report back and give up just because it faulted our deceased client. We didn’t quit because the motorist’s insurance carrier denied liability. We dug deeper and discovered the truth. We fought for this family like we’ll fight for yours.

Shane Mullen

Shane V. Mullen, Attorney at Law

Be sure to read: WHY CHOOSE MULLEN & MULLEN?

According to our records, the result obtained by Shane V. Mullen, Joseph R. Morrison in the case Estate of Unborn Child v. Motorist was one of the Top 50 Wrongful Death Settlements in the United States in the year 2021 and has made our list of the Top 50 Wrongful Death Settlements in the Nation in 2021. See the list here.

Case: Estate of Unborn Child v. Motorist
Type: Car Accident, Motor Vehicle Accident, Wrongful Death, Negligent Tort
Attorneys: Shane V. Mullen, Joseph R. Morrison of Mullen & Mullen Law Firm
Amount: $1,510,000.00
State: Texas

Our Family Guarantees

A Little About Our Highly Skilled Attorneys

Attorney Shane V. Mullen, Managing Partner

Attorney Shane Mullen, Managing Partner at Mullen & Mullen Law Firm — Shane V. Mullen, Managing Attorney

Managing Attorney, Shane V. Mullen has been handling wrongful death cases for 21 years. He is “Top Rated” by Thompson Reuters who named him as a Texas Super Lawyer 3 consecutive years. Shane is also a lifetime member of both the Million & Multi-Million Dollar Advocates Forums, solidifying his expertise in handling significant cases. He is also an esteemed member of Rue Ratings’ Best Attorneys of America, further attesting to his exceptional legal prowess. Shane brings hard-won, battle born knowledge to your case.

Attorney Joseph R. Morrison, Senior Associate

Attorney Joseph Morrison, Senior Associate Attorney at Mullen & Mullen Law Firm — Joseph Morrison, Senior Associate Attorney

With 18 years of accidental death experience, Attorney Joseph R. Morrison has established himself as a highly skilled legal professional. Notably, he served as counsel of record in a case that garnered recognition from VerdictSearch.com as a top 5 Premises liability (slip and fall) settlement in Texas. The defendant in this case was a Fortune 500 company with an annual revenue exceeding 11 billion. The specific case, Jeffrey Young v. ConAgra Foods, Inc., showcased Joe’s exceptional abilities in achieving favorable outcomes.

Joe is a distinguished member of The National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers, solidifying his standing among the nation’s most esteemed legal practitioners. Furthermore, his membership in both the Million & Multi-Million Dollar Advocates Forums further attests to his expertise in handling substantial cases.

Attorney Regis L. Mullen, Founder

Regis L. Mullen, Attorney at Law - Personal Injury Lawyer — Regis Mullen, Founding Attorney

Attorney Regis L. Mullen, our Founder, received his Admission to practice law in 1967 and has 56 years of wrongful death experience. Previously a Litigation Supervisor at Allstate Insurance Company, he knows all the tactics liability carriers use to deny or reduce personal injury settlements. Drawing upon his profound comprehension of the inner workings of the insurance industry, Regis established a law firm dedicated to meeting the legal needs of injured individuals in North Texas.

Dallas wrongful death lawyers

About Filing a Wrongful death claim in Texas

What is Wrongful death claim?

When a family member dies because of someone else’s negligence, recklessness, intentional actions or misconduct, the surviving family members have their own claims for mental anguish, loss of financial support, loss of household services, loss of support, loss of advice as well as loss of maintenance which the deceased family member provided prior to their untimely death.

Regardless of whether your deceased family member had a Will, an estate can easily be created. Your deceased family member’s own legal damages will be pursued through a survival action case. We’ll distinguish the differences in these two types of claims below.

How long do you have to file a Wrongful death claim in Dallas?

Not too long, so it’s important to act fast. There are two statutes of limitations governing the law in Texas:

The period during which the deceased person could have filed a claim – 2 years.
The period during which you may claim on behalf of your loved one – 2 years.

If you wait 2 years and 1 day after the date of the incident that resulted in the loss of your loved one, Texas law will prohibit you from seeking any form of financial compensation.

The decisions you and your family make now will prove vital to the outcome of your case. You only have one chance to tell your loved one’s story the right way.

A number of strategic decisions must be made immediately.
Evidence must be gathered immediately.
Experts may be required immediately.

What is the difference between Wrongful death and a Survival Action?

A Wrongful death claim is brought by certain family members that directly suffer financial and/or emotional harm because of the untimely and unjust loss of a relative caused by someone else’s negligence or gross negligence.

A survival action is brought by the deceased’s estate. The estate sues for the deceased’s own harm and damages caused directly from someone else’s negligence or gross negligence that resulted in their demise.

The answer depends on who was harmed. Was it a father who died instantly and now can’t support his children or are we dealing with a single man who suffered a long, slow and painful death?

In the former situation, the children certainly should sue for mental anguish, loss of advice as well as the financial support they’ve now lost because of their father’s untimely passing.

In the latter situation, there are no children, but the estate can sue for the pain, suffering, physical impairment, mental anguish and any medical bills sustained by the victim in the days or weeks leading up to his death.

Of course, in most situations wisdom dictates it’s best to file both causes of action.

However, when dealing with limited money to go after and large medical bills owed by the estate it can be wise to seek every dollar possible under the wrongful death claims in order to avoid large hospital liens and/or other liens from attaching to the survival action’s ultimate recovery.

When we limit the claim to only wrongful death damages, lien holders are often times prevented from intervening with a goal of obtaining some or all of your family’s compensation.

Who is able to file a Wrongful death claim in Texas?

In the state of Texas, there is a legal distinction between the people able to file a suit and the people who are beneficiaries. According to the law in Texas, those who can file a claim are laid out by statute:

Surviving spouse
Child or multiple children (including adult children)
Parent or legal guardian

Are siblings allowed to file a Wrongful death claim?

No, under Texas Law siblings do not have this right. However, money recovered from a survivor action goes to the estate, and if the deceased had a will and that will names a sibling as a beneficiary then the sibling will indirectly and financially benefit from the lawsuit.

Can the decedent’s estate file a Wrongful death claim?

The law in Texas generally is that the executor and/or administrator of the decedent’s estate may file a Wrongful death claim if one has not been filed in the ninety (90) days following the decedent’s demise by his or her surviving spouse, children, parent and/or guardian. An exception to the general rule exists if the estate has been forbidden to file a lawsuit by one of the parties referenced above.

What are the elements that must be established to file a Wrongful death claim?

In Texas a suit must be filed by the decedent’s surviving spouse, parent or child as discussed above. In addition, a person or corporation must have committed a wrongful act that caused injuries to the decedent resulting in his or her demise. It must also be established that the decedent would have been entitled to bring an action if he or she had survived. Also, the surviving spouse, parent, or child must also have suffered actual damages as outlined above.

What damages are recoverable in Wrongful death claim cause of actions brought by a surviving spouse, parent, or child?

You can recover “actual damages.” A surviving spouse of a decedent or surviving children of a decedent can potentially recover punitive damages but this is not true of parents of a child.

What “actual damages” are recoverable by parents of a child who was a victim of a Wrongful death claim?

Recoverable damages include monetary damages resulting from the demise of the child (before and after the age of 18), damages for the termination of the parent-child relationship which is commonly referred to as “companionship and society”, and mental anguish (emotional pain, torment, and suffering – sometimes submitted as grief and bereavement) resulting from the demise.

What “actual damages” are recoverable by parents if the child was an adult at the time of his or her Wrongful death?

The same damages as if the child was a minor. (see above)

What “actual damages” are recoverable by a wife or husband whose spouse died?

Recoverable damages include monetary loss due to the demise of the spouse, damages for the termination of the spousal relationship (love, affection, comfort, sexual relationship), mental anguish caused by the demise and loss of inheritance (loss of future earning capacity / money that would have been added to the estate).

What “actual damages” are recoverable by a surviving child whose mother or father was the victim of a Wrongful death?

Recoverable damages include future monetary loss resulting from the passing of the parent, damages for the cessation of the relationship (love, compassion, etc.), mental anguish, and loss of inheritance (if any).

What will a jury be allowed to consider when arriving at damages for mental anguish and/or loss of companionship?

Jurors are typically instructed to consider the relationship between the party and the deceased, living arrangements of the parties, any periods of extended absence, family harmony, and shared interests/activities.

Can you recover punitive damages if your child, spouse, or parent died in Dallas?

Yes, if the loved one’s demise was the result of willful or grossly negligent conduct. The caps on punitive damages laid out in the Tort Reform Act of 1995 are applicable. Texas law-makers have limited the recovery of punitive damages in these claims to the surviving spouse and children. (Inexplicably) Parents are not able to recover punitive damages for the passing of a child.

Can you recover damages for the Wrongful death of a spouse if you were separated at the time?

Potentially. This is a very case specific inquiry and support (if any) you received from the decedent during the separation period prior to his or her demise.

If you are pregnant can you recover for the Wrongful death of a fetus?

Yes, but (again inexplicably) generally only if the fetus would have been able to take at least one breath if removed from the womb just prior to the violent event or if the fetus is born alive and subsequently dies.

What is a “Survival Action?”

A survival action is filed by or on behalf of an estate to recover damages the decedent who was the victim of a Wrongful death sustained prior to his or her passing.

What damages are recoverable in a “Survival Action?”

Recoverable damages include physical pain and mental anguish suffered by the victim prior to his or her death, medical expenses incurred prior to the passing, funeral and burial expenses, property damages, and punitive damages.

Does the type of claim and/or action brought have any impact on hospital liens?

Yes, amounts recovered in a survival action are subject to a hospital lien, while Wrongful death damages generally are not.

In a survival action can the estate recover damages for physical pain and mental anguish if the victim was killed or lost consciousness quickly?

Probably not. Recovery of these damages is generally limited to instances in which conscious pain and suffering can be demonstrated – even if only for a very short period of time.

How Do You Prove a Wrongful death claim in Texas

You have to prove 4 different elements.

The defendant’s actions must have caused your loved one’s passing (either in whole or part),
The defendant must have acted with negligence or the specific intent to cause harm,
Your loved one’s death must have affected you or other surviving family members who are allowed to bring a wrongful death action, and
Surviving family members must be present and suffer monetarily and/or emotionally because of the wrongful death.

Was the defendant negligent?

The most difficult aspect of any wrongful death claim is proving negligence. If someone was driving drunk and well over the legal BAC limit, negligence is easy to prove. But in cases alleging medical malpractice, for example, it’s not always so clear and often costs lots of time and money to determine.

You might also hear this called “breach of duty” which refers to the fact the defendant is liable to the decedent for a duty of “due care.” Basically, that’s a duty to keep the other person safe or not to do something that may harm the person.

Did the defendant’s actions cause your loved one’s death?

Showing causation can also be easy or amazingly difficult. If a car crash happens, it’s comparatively easy to show the defendant’s car did or did not cause the accident.

But again, in cases where medical malpractice is involved, it gets very difficult to show negligence. For example, your loved one could die months or years after a negligent act or omission happens (like prescribing the wrong medicine).

Demonstrating damages in Wrongful death cases

If you show intent or breach of duty and causation then damages are presumed because you showed the injured person was killed. However, in cases where harm happens but not death, you can prove both of those but still lose the suit because you didn’t prove the nature and extent of the harm (damages).

It’s sad other people make decisions which can cause the passing of your loved one, but it’s a reality we have to live with. If you find yourself in this heartbreaking situation, contact our Dallas lawyers for a free consultation and some advice.

Is Wrongful death “murder” in Texas?

No, it’s different. You can only be convicted of “murder” in criminal court. You cannot seek financial compensation for “murder” charges.

In Texas “Wrongful death” is a civil action. Civil lawsuits seek financial damages, not jail time or execution. However, typically when there is a murder you may sue the murderer in a wrongful death lawsuit. That’s what happened to O.J. Simpson. He won his criminal trial, but he lost the wrongful death lawsuit brought by surviving family members.

For example, hypothetically prosecutors may choose not to go after a drunk driver who hit and killed your loved one. They may not have enough evidence to convict them of manslaughter. But, you can still file a claim for “Wrongful death” in Texas and potentially recover financial compensation. But, you can still file a claim for “Wrongful death” in Texas and potentially win financial compensation.

With criminal cases the prosecutor must prove “beyond a reasonable doubt”, but in civil wrongful death cases we only have to prove “preponderance of the evidence” (more likely than not). This is why O.J. Simpson won his criminal trial (the jury had a doubt he didn’t kill his wife) and it’s why he lost the wrongful death claim (the civil court jury saw enough evidence to believe it was more likely than not that he killed his wife).

What Type of Compensation Can You Get in Texas Wrongful death claims?

There are a number of avenues to recover financial compensation in Texas. Here are a few “actual damages” types of compensation you can recover for loss that actually happened (or will happen):

Financial losses like your loved one’s lost earning capacity,
The value of the care, maintenance, counsel, advice, and support they would have given to you and your family members,
Mental anguish, which means the emotional pain you suffer,
Losing positive benefits like love and companionship from your loved one,
The inheritance lost from what your loved one would have accumulated and left behind had they lived out the entirety of their life.

You can also win “exemplary” damages in Texas. Rather than compensating you for actual losses, they are meant to penalize or punish the defendant for their gross negligence.

Contact Us for a Free Consultation

Personal Injury Attorneys Shane Mullen & Joseph Morrison — Attorneys Shane Mullen & Joseph Morrison

Call (214) INJURED to talk to a Dallas wrongful death attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.

We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.