Wrongful Death Lawyer Rockwall, TX

The loss of a loved one is always painful. When that loss is the result of someone’s negligence or recklessness, it just compounds the sense of grief, anger, disbelief, and desire for justice. You may be wondering what can be done and who you can turn to for help.

The lawyers at Smith & Lee can provide solace and some answers. During a free consultation at our law office in Rockwall, we can let you know if you should file a wrongful death lawsuit. While no amount of money can replace the person you’ve lost, it can cover your current bills and help you regain stability as you think about your future.

What Is a Wrongful Death Claim?

A wrongful death claim is filed by the family members or beneficiaries of someone who’s died. The legal claim is made against a person or party who was at fault for the death.

Liable parties in a wrongful death action vary. Examples include drunk drivers, someone texting while driving, someone speeding in a school zone, or property owners who failed to maintain buildings or provide adequate security.

Similar to a personal injury claim, wrongful death lawsuits allow the surviving family members to seek compensation for the pain, suffering, and losses they’ve experienced as a result of the death of their loved one.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

Per Texas Civil Practice and Remedies Code (CPRC) § 16.003, you have two years from the date of a loved one’s passing to file a wrongful death claim. Once that two-year statute of limitations has passed, you will not be able to file a legal action.

Keep in mind that some wrongful death claims have a much shorter timeframe in which to file a claim, so it’s in your best interests to discuss your case with our wrongful death attorneys in Rockwall as soon as possible.

Why Hire Smith & Lee for Your Wrongful Death Case

Attorneys G. David Smith and Ryan K. Lee have more than five decades of combined legal experience. Their strong reputations in the Northeast Texas legal community are built on their commitment to Rockwall County and its people.

We Take a Client-Focused Approach to Civil Law

Losing a loved one is devastating, which is why our focus will always be on you and your household. When we hear how painful your loss is, we can present your case in a way that connects and compels. Smith & Lee strives to be a customer service business that practices law, which means we will always return your calls and do right by you and your family.

We Have Deep Connections to the People of Rockwall County

Both David and Ryan have spent decades living and working in Rockwall. They want to make it a better place and offer their help whenever they can. David serves on the Board for the Rockwall Grace Clinic, which provides uninsured people with medical help, and Ryan is President of the Rockwall Board for the Boys and Girls Club of Northeast Texas.

We Focus on Personal Responsibility and Accountability

When we work on a wrongful death case, we consider the tragedy that affected you and your household. We also look at the bigger picture involving the negligent person’s actions. You lost someone close to you, but it could have also been a friend, a neighbor, or someone else from the community. We give the jury perspective so they can think about how your tragedy would affect their lives, and why it’s important to hold people accountable when they hurt others.

We Are Proven Legal Professionals in the State of Texas

Both David and Ryan are well established in the Northeast Texas legal community. David is a past president of the Rockwall Bar Association and is a director of the Rockwall Bar Foundation. A Fellow of the Texas Bar Foundation, Ryan also serves as an Associate Municipal Court Judge in the city of Rockwall, making sure people are held accountable when they violate state and local laws.

Request a Free Consultation at Our Rockwall, TX Law Firm

If you’ve lost a loved one because of another person’s reckless or irresponsible actions, our attorneys are here to provide help. We can let you know what steps to take next during a free, no-obligation consultation. To discuss your loss with experienced wrongful death lawyers near you, contact our law office in Rockwall, TX. You can also reach our attorneys at (972) 787-1047.

Fatal Car Wrecks in Texas

Given the size of the state, Texas typically has some of the highest fatal auto accident numbers in the country every year. According to statistics from the Texas Department of Transportation (TxDOT), there were 3,867 fatal crashes in the state in 2023 resulting in 4,283 deaths. Data from the Insurance Institute for Highway Safety (IIHS) shows that there were 4,408 crash deaths in Texas in 2022.

When these fatal car wrecks are the result of negligent, reckless, or irresponsible drivers, the attorneys at Smith & Lee can help you seek compensation to address the pain and financial setbacks associated with your loss.

How Many Fatal Car Wrecks Happen in Rockwall County?

According to county accident numbers from the TxDOT, there were 2,112 total crashes in Rockwall County during 2023. Of that total, there were 11 fatal collisions that caused 12 deaths.

These fatal crash numbers aren’t as high as those in Collin County or Hunt County, yet there’s a risk of greater dangers on the road as cities and towns in Northeast Texas continue to grow.

Fatal Crashes Due to Distracted Drivers

Distracted driving means anything that takes a driver’s attention away from the road and/or hands off the wheel. This includes texting while driving, looking up directions, making a call without a hands-free kit, eating while driving, and rubbernecking. According to 2023 crash facts from TxDOT, there were 403 Texans killed in distracted driving car wrecks. Our lawyers can hold drivers accountable if their inattention leads to a fatal accident.

Fatal Crashes Caused by Reckless Drivers

Reckless driving covers a wide range of actions that endanger other motorists and people sharing the road. Reckless behaviors include speeding, street racing, failure to yield, cutting people off, failure to signal, and tailgating. At Smith & Lee, we’ll make sure reckless drivers are held accountable for jeopardizing the safety of people on our roadways.

Fatal Crashes Caused by Drunk Drivers

Drinking and driving is never acceptable. Sadly, many people get behind the wheel when they are in no state to drive. Even buzzed driving can be potentially dangerous, as can driving under the influence of cannabis and other controlled substances. TxDOT crash facts for 2023 recorded 1,090 fatalities associated with driving while intoxicated (DWI) collisions. Our lawyers will make sure drunk drivers face consequences for making careless decisions.

Fatal Crashes Caused by Driver Fatigue

Driving without proper sleep can be just as deadly as drinking and driving. Long hours on the road or simply a lack of rest can cause people to fall asleep behind the wheel. This can lead to deadly car wrecks. According to the National Highway Traffic Safety Administration (NHTSA), fatigue and drowsy driving caused 693 deaths in the U.S. in 2022.

Discuss Your Fatal Accident Case with Our Rockwall Attorneys

Whatever the circumstances of the deadly auto accident, the car wreck lawyers at Smith & Lee are on your side. To request a free case evaluation with trusted wrongful death attorneys near you, contact our Rockwall County law firm. You can also reach our lawyers at (972) 787-1047.

Fatal Collisions That Involve Semi-Trucks

We need tractor-trailers for interstate commerce and to keep the economy going. Yet these large trucks can be dangerous for a variety of reasons. There are major blind spots around a big rig, and even skilled truckers make bad decisions. Given the nature of the job, truck drivers often experience fatigue, which could lead to deadly crashes. If you lost a loved one in an 18-wheeler crash, our wrongful death attorneys can hold irresponsible truckers or negligent trucking companies liable.

Fatal Collisions That Involve Motorcycles

Even if you’re wearing a helmet and protective gear, a motorcycle crash can be catastrophic if not deadly. According to findings from the TxDOT, 599 motorcyclists in Texas were killed in 2023. As the Texas Department of Transportation noted, other drivers may not see a motorcyclist in their mirrors or blind spots, leading to fatal accidents. If you lost a loved one in a motorcycle wreck, our lawyers can review what happened and let you know if you have a wrongful death claim.

Fatal Accidents Involving Bicyclists and Pedestrians

Numbers from the TxDOT paint a grim picture about the safety of pedestrians and bicyclists in the state of Texas. In 2023, there were 807 pedestrian fatalities and 105 pedalcyclist fatalities in the state. Like motorcyclists, pedestrians and cyclists may go unnoticed by motorists even when they are abiding by traffic laws and sharing the road responsibly. These kinds of cases should make all of us more cautious, especially around parks and schools.

Fatal Accidents Due to Safety Issues at a Property

We’ve focused a lot on fatal motor vehicle wrecks, but deadly accidents can happen anywhere. If a stairwell isn’t properly lit or maintained, someone could have a serious fall. Exposed wires could become a tripping or electrocution hazard. Uncovered swimming pools could become a drowning danger. When security is lax at a building, it could lead to the presence of dangerous trespassers.

These property-related issues are all grounds for a premises liability lawsuit. If the accident or incident on someone’s property is fatal, the wrongful death attorneys at Smith & Lee will make sure the owner of the property is held responsible for their lack of foresight and good judgement.

Contact Our Lawyers in Rockwall About Your Wrongful Death Case

If you’ve lost a loved one because of someone’s thoughtless or wrongful actions, the team at Smith & Lee will do right by you. To speak with proven legal professionals who understand the needs of families in Northeast Texas, contact our lawyers in Rockwall. You can also reach our wrongful death attorneys at (972) 787-1047.

Compensation in a Wrongful Death Lawsuit

During a wrongful death claim, our attorneys will seek compensation to address various losses you’ve experienced related to your loved one’s passing. This may include:

• Funeral expenses
• Grief counseling
• Damage to property
• Lost wages or earnings
• Loss of consortium

The lawyers at Smith & Lee can help you understand how much your wrongful death case is worth and seek compensation that matches the scope of your tragedy.

Can I File a Wrongful Death Claim If My Loved One Was Partly at Fault?

Yes, which is why it’s always worth discussing what happened with a lawyer.

Texas is a modified comparative negligence state. Sometimes referred to as modified comparative fault, this means that you can still collect damages if your loved one was 50% or less at fault for what happened. The percentage of fault is deducted from the damages awarded by the jury.

When discussing the circumstances of your loved one’s death, our lawyers will let you know if partial fault could come up in a wrongful death claim. Since this affects damages, our attorneys can let you know if it would be better to accept a settlement rather than go to trial.

What Are Survival Actions?

A survival action is another type of civil claim that can be filed against a negligent person or party after the death of a loved one. Per Texas CPRC § 71.021, a survival action allows the estate of the deceased person to seek compensation for the decedent’s pain, suffering, medical bills, and other losses experienced as a result of a wrongful act.

Any damages that are awarded in a survival action will go to the decedent’s estate and will be distributed to the beneficiaries based on the will or Texas intestate succession statutes.

How Survival Actions Differ from Wrongful Death Claims

Here’s a simple way to differentiate between wrongful death claims and survival actions:

• Wrongful death claims focus on the pain and suffering of the surviving family members after a loved one’s death.
• Survival actions focus on the pain and suffering of the person who died between the wrongful act and the moment of their death.

Can I File Both a Survival Action and a Wrongful Death Claim in Texas?

Yes, potentially. If a person didn’t die immediately after a wrongful act, that person’s family could file both a survival action and a wrongful death claim under certain conditions.

When you meet with our lawyers in Rockwall, we can discuss wrongful death and survival actions in more detail and let you know about your legal options.

Get a Free Case Review with Our Rockwall Wrongful Death Lawyers

The team at Smith & Lee is ready to fight. We’ll hold negligent people or entities accountable when they fail to act responsibly. It’s one of the many ways we do right by the people of Northeast Texas. To request a consultation with experienced wrongful death lawyers near you, contact our law office in Rockwall. You can also reach our attorneys at (972) 787-1047.