Wrongful Death Lawyer in Greenville, TX

Losing a family member due to someone else’s negligence makes the death even harder to handle. You not only have grief, but likely anger and confusion because the passing might have been preventable. To take on the duty of honoring your loved one, turn to a wrongful death lawyer in Greenville, TX to pursue justice and compensation on your behalf.

At Smith & Lee Injury Lawyers, we pride ourselves on our dedication to those who have been hurt by the carelessness or intentional acts of others. We can examine your circumstances during a free consultation, then work diligently to achieve the best possible outcome. We believe in helping those who are vulnerable and in need of superior legal representation from our skilled team of lawyers.

If you’ve lost a loved one, you have our deepest condolences. When you’re ready to share what happened, we’re ready to listen. For a free consultation with our wrongful death attorneys, contact our law firm online. You can also call us at (972) 771-2579.

What Makes a Death Wrongful in Texas?

While individuals die every day due to natural causes, there are certain circumstances that can form the grounds for a wrongful death claim against those at fault. Under Texas Civil Practice and Remedies Code Title 4, Section 71.002, wrongful death arises from a “wrongful act, neglect, carelessness, unskillfulness, or default.” If a person, company, government agency, or other party acts in such a way as to cause an individual’s death, the death may be wrongful.

Demonstrating that the defendant could have prevented the death is the most critical part of your case. Most cases depend on showing how the liable party’s actions caused the death, but some may rely on establishing that the defendant’s failure to act is the issue. Courts use a “reasonable person standard” to decide liability, measuring whether a reasonable person in a similar situation would have behaved differently from the at-fault party.

Wrongful Death Claims Can Arise From Negligence, Malice, or Fraud

Most wrongful death cases result from negligence, which is the failure to exercise reasonable care by a party, whether by action or failure to act. You and your wrongful death attorney must demonstrate that the defendant owed your loved one a duty of care to keep them safe, yet failed in that duty. You must also show a direct link between that failure and your family member’s death before you can secure a damage settlement or award.

In instances where the at-fault party intended to cause the deceased harm, your lawyer may be able to show malice. Examples include acts of domestic violence, road rage, deadly assault, or even drunk driving. You must meet a higher standard of proof to convince the jury that the defendant meant to hurt or kill your loved one.

Although rare, if a person or company fraudulently misrepresented information that led to your family member’s death, you may be able to establish wrongful death through fraud. Like malice, you must present clear and convincing evidence that the defendant knowingly defrauded the decedent without regard for their health and well-being.

Wrongful Death Claims Can Result from a Range of Causes

Unfortunately, victims can die as a result of injury from something as simple as slipping on an unsecured carpet. Our team has a deep background guiding clients like you through wrongful death claims arising from situations such as:

Car Accidents: The Texas Department of Transportation reported 4,150 traffic fatalities in 2024, primarily caused by drunk driving, distracted driving, and speeding. Serious car accidents can kill a person immediately or cause catastrophic injuries that lead to death.
Commercial Truck Accidents: Colliding with a vehicle weighing over 80,000 lbs often causes instantaneous death. These crashes can result from truck drivers violating federal regulations or failing to obey traffic laws.
Motorcycle Accidents: Sadly, even motorcyclists who wear helmets and other safety gear are at extreme risk of death because they lack vital protections against injury in collisions.
Fatal Property-Related Accidents: Those who own property have a responsibility to keep it clean and free of hazards, warning the public of any existing dangers. When an owner fails to maintain their premises, your family member could slip and fall, be hurt by falling objects, or die as a result of inadequate security, lighting, or maintenance.

This is not a complete list of potential wrongful death causes, so if you believe your family member’s death was preventable, you have the right to seek justice. By hiring one of our qualified wrongful death attorneys here in Greenville, you can investigate and determine whether you should file a claim.

Wrongful Death Claims vs. Survival Actions

There are two options for filing a lawsuit when someone dies a wrongful death in Texas. You can file a wrongful death action if they die right away from another party’s negligence, or you can file a survival action if they survived for a short time. The main differences between these two choices are who can file the claim and the types of damages you can recover.

Wrongful Death Action

Suppose your family member dies in a fatal car crash at the scene of the accident. If you are the spouse, children, or parents of the deceased, you have the right to file a wrongful death action against those liable for the death. If none of these parties bring a lawsuit within three months of the death, the decedent’s personal representative (or executor) can initiate the action.

A wrongful death claim is an attempt to recover compensation for the burial costs and other funeral expenses for the deceased. It also seeks financial relief, addressing the pain, suffering, grief, and loss of companionship of the surviving family members.

Survival Action

If your family member survives the car accident with serious injuries and passes away shortly after, their personal representative can file a survival action on behalf of the estate. The lawsuit can demand compensation for the decedent’s medical bills, pain, suffering, and other losses they experienced before dying. Any settlement goes to the estate, which distributes it according to the person’s will or Texas descendancy law if there is no will.

If your loved one began a personal injury lawsuit before they died, the personal representative can convert it into a survival action to continue the effort of financial recovery. Your Greenville wrongful death lawyer can advise you on combining both a wrongful death action and a survival action to pursue repayment for all the deceased’s losses as well as your own as survivors.

Smith & Lee Will Calculate the Full Extent of Wrongful Death Damages in Your Case

In a personal injury claim, you must collect and present evidence demonstrating negligence, which then allows you to request damage compensation. A wrongful death case is unique because you could be asking the defendant to pay for losses that occurred both before and after your loved one’s passing. There are many costs you could overlook, but our attorneys will closely review your circumstances to identify what damages you can claim.

Compensatory damages come in two main forms: economic and non-economic. Economic losses may include:

Medical Expenses: Your survival action can demand payment for all medical costs associated with the deceased’s injury. You can also include any rehabilitative care, therapy, medications, travel expenses, and medical devices.
Lost Income: If your family member was unable to work between the time of the injury and their death, their personal injury lawsuit (or your survival action) can ask for the full amount of their lost wages, bonuses, and other income.
Property Damage: You can ask for the cost of repairing or replacing a vehicle, clothing, jewelry, or other personal property items damaged in the accident that caused the wrongful death.
Funeral Costs: You may need to transport your loved one’s remains from a distance, purchase a burial plot, or cover other necessary expenses.
Loss of Future Financial Support: In a wrongful death action, you can ask for an estimated amount that reflects the loss of income your family will suffer due to your loved one’s passing.

Non-economic losses provide financial relief for the pain and suffering associated with injuries and death. These may include:

Loss of Consortium: As a spouse, you lose the comfort and intimacy of having a partner.
Emotional Distress: This can include the grief and psychological trauma of survivors, as well as a loss of comfort and guidance for the deceased’s children.
Pain and Suffering: Before their death, your family member likely experienced pain, trauma, and other extreme discomfort, and you can include this in a survival action.

How much your case is worth depends on many factors. Our wrongful death lawyers here in Greenville can give you an initial estimate when they begin working on your claim. As they learn more about the circumstances, they can refine it before negotiating a settlement with the at-fault parties.

Exemplary (Punitive) Damages

When the defendant engaged in malicious, fraudulent, or grossly negligent behavior leading to a wrongful death, you may be able to request exemplary damages. Punitive damages aim to punish the defendant harshly for their action and are separate from your compensatory award.

For most cases, you only have to show that it was more likely than not that the defendant caused the death, but if you pursue exemplary (punitive) damages, you must provide clear and convincing evidence of their actions. These awards are rare in Texas, but if a company knowingly made and sold a dangerous product or a motorist purposely collided with your loved one and killed them, you could secure this type of compensation.

Texas Laws That Could Affect Your Wrongful Death Case

Partial Liability in a Fatal Accident

When you file a lawsuit against another party, they may present evidence showing how your family member was partly at fault for the accident. However, under Texas’s modified comparative fault law, you still have the right to seek compensation as long as you can demonstrate the deceased was 50% or less to blame. It will reduce your settlement or award by the same percentage, but you can still take legal action.

Two-Year Statute of Limitations

After losing a loved one, you cannot wait too long to speak with an attorney if you suspect a wrongful death. The statute of limitations for filing a wrongful death or survival action in Texas is only two years from the date of death. If you delay, you could lose your right to sue if the deadline passes.

To complicate things further, some types of cases may have shorter or longer statutes of limitation. Meeting with a law firm right away lets you get the answers you need so you can make well-informed decisions about your claim.

Why Smith & Lee Should Be Your Top Choice After a Wrongful Death

While many law firms in Hunt County handle wrongful death cases, few are as focused on the many complications of these claims as Smith & Lee Injury Lawyers.

We Know Wrongful Death Cases Require Additional Consideration

We understand that you need guidance beyond just filing insurance claims against the at-fault parties. You need experienced professionals who understand the law and help you with compassion, integrity, and commitment.

We Have Years of Experiencing Representing Texans

Since 1983, we have built a team that finds innovative solutions to client concerns, leveraging each member’s background and knowledge. We also collaborate with experts in various fields to present the most compelling case available as we strive to secure the compensation your family deserves after a wrongful death.

We Look Out for Our Neighbors and the Local Community

We are deeply rooted in Northeast Texas and dedicated to our community. You do not have to travel to Dallas-Fort Worth for exceptional legal service, because we have a respected reputation among other law firms and in the courts in Hunt County. We offer free case reviews to discuss your options, and we answer your questions about hiring and paying a lawyer to assist you.

Contact Our Greenville Wrongful Death Attorneys Today

At our firm, we focus on personal responsibility and accountability for those who have wronged others. We concentrate on more than just the monetary and legal aspects of your wrongful death claim. We work hard to hold those at fault fully accountable.

At Smith & Lee, we are at your side every step of the way. You pay nothing to get started and nothing if we do not secure a settlement for you. To request a free consultation with our Greenville wrongful death attorneys, contact our law offices today. You can also call us at (972) 771-2579.