Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. What board certification means
Losing a family member because of someone else’s carelessness changes your life in ways that cannot be reversed. A Dallas wrongful death lawyer can help your family pursue accountability and recover compensation for the financial and personal losses tied to that death.
While your family is trying to process what happened, important evidence, insurance issues, and case deadlines can all begin to take shape. Having the right legal team involved early can help protect the claim and relieve your family of burdens you shouldn’t have to handle alone.
The Law Firm of Aaron A. Herbert, P.C. helps families in Dallas investigate wrongful death claims, deal with the insurance company, and pursue the full compensation the law allows. Call (214) 200-4878 or contact us online for a free case review to learn how we can help.
- Board Certified, Personal Injury Trial Law
- Dallas, Texas
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- Dallas, TexasFamilies and wrongful death claims
- Focus
- Family and estateSeparate claims and losses
- Evidence
- Records and witnessesInvestigation and case preparation
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- Legal representationInsurance issues and litigation
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- Free case reviewDiscuss your circumstances
On this page
Find the information your family needs
Who can bring a claim?
Read the family eligibility discussion in the FAQs.
What losses are addressed?
Explore compensation categories and the separate survival action.
What can help with the first conversation?
Use the consultation checklist to organize information you already have.
Why Choose The Law Firm of Aaron A. Herbert, P.C. for Your Wrongful Death Claim
Choosing a legal team to handle your family’s wrongful death claim is a decision about trust and competence. Our firm gives families the personal attention and determined advocacy they need during an incredibly difficult time.
Board Certified in Personal Injury Trial Law
Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Certification recognizes qualifications in a defined practice area; it does not promise a result.
Communication and Case Preparation
Ask how the team will communicate with your family, preserve evidence and prepare the claim. The time needed depends on the investigation, medical evidence, parties and court schedule; no resolution date or outcome can be promised.
We Know Dallas
Our team knows Dallas and the local systems that can shape a wrongful death case. From investigating fatal crashes on roads like Central Expressway and I-30 to securing records from hospitals such as Baylor University Medical Center and Parkland, we know how to move cases forward efficiently.
What Qualifies as a Wrongful Death Claim in Texas?
A wrongful death claim in Texas arises when one person’s negligent, careless, or intentional act causes another person’s death. The purpose of this type of legal action, defined by the Texas Wrongful Death Statute, is to provide relief for specific surviving family members who have been harmed by the loss.
A wrongful death claim is a civil action focused on eligible family members’ legally recoverable losses. Criminal proceedings are separate. Exemplary damages may be available only when additional legal requirements are met.
To move forward, you must show that the defendant’s actions were the cause of death and that your family suffered actual harm as a result. A Dallas wrongful death lawyer gathers the evidence needed to build this case.
Liability depends on the facts and applicable law. Covered workplace deaths, medical care and government defendants can involve additional limits or procedures. Many different situations can lead to a wrongful death action, including:
- Fatal Motor Vehicle Accidents: Wrongful death claims often arise from fatal crashes on Dallas roads like I-35E when a distracted, drunk, or reckless driver causes the collision.
- Workplace Incidents: These claims can stem from fatal incidents on construction sites, in warehouses, or in other job settings when safety violations, unsafe conditions, or other hazards lead to a worker’s death.
- Premises Liability: A wrongful death case may involve a fatal fall or another deadly incident on dangerous property when the owner failed to fix a hazard or keep the premises reasonably safe.
- Defective Products: Liability may arise when a dangerous or defective product, such as a vehicle part, malfunctions and causes a fatal injury.
- Pedestrian and Bicycle Accidents: These claims can arise when a driver strikes a pedestrian or cyclist, often at intersections like Elm Street and North Market Street, leading to fatal injuries.
How a Dallas Wrongful Death Attorney Builds Your Case
We build your case by finding the evidence that shows who caused the death and why they should be held responsible. Our team moves quickly to secure key proof, deal with investigators and insurers, and protect your claim from the start.
Your Dallas wrongful death lawyer won’t rely on the other side’s version of events. Our team gathers the facts needed to show what happened and how it led to your loss.
Helpful evidence includes:
- Official Reports: Your attorney can obtain reports from the Dallas Police Department and other agencies to document the incident and identify the parties involved.
- Witness Statements: We can locate and speak with witnesses who witnessed the incident or have relevant information about the events leading up to the death.
- Physical Evidence: Our team preserves and reviews evidence from the scene, including damage, video footage, and other conditions that help explain how the incident occurred.
- Business Records: If a company is involved, your lawyer can request logs, maintenance records, safety reports, and other internal documents that may show negligence.
- Expert Input: We work with medical and other professionals to connect the cause of death to the actions that led to it.
Once the evidence is in place, your attorney uses it to show how the at-fault party failed to act with reasonable care and caused your loved one’s death. If the conduct was especially reckless, we also evaluate whether additional damages may apply.
What Compensation Is Available in a Dallas Wrongful Death Case?
A wrongful death claim can help your family recover compensation for the financial support, relationship, and stability your loved one would have provided. While no result can undo the loss, pursuing the full value of the claim can help protect your family’s future.
You may be able to recover damages for:
| Loss | What the claim may address |
|---|---|
| Lost Income: | Your family may recover the earnings your loved one would have contributed if they had lived. |
| Lost Benefits: | Compensation may include the value of health insurance, retirement contributions, and other employment benefits your loved one would have provided. |
| Lost Inheritance: | In some cases, surviving family members may recover the inheritance your loved one likely would have accumulated and passed on. |
| Funeral and Burial Expenses: | Keep funeral and burial invoices and identify who paid them. Counsel can determine the proper claim and treatment of these expenses. |
| Loss of Companionship and Support: | Family members may recover compensation for the loss of the love, guidance, care, companionship, and emotional support their loved one provided. |
What Is a Survival Action?
For a focused discussion of beneficiaries, estate authority and separate loss records, see our wrongful death and survival claims guide for Texas families.
A survival action is separate from the wrongful death claim. It belongs to your loved one’s estate and allows recovery for the losses your loved one suffered before death.
Depending on the facts, that may include medical expenses, conscious pain and suffering, mental anguish, and other damages tied to the injury itself.
When Do Exemplary Damages Apply to Wrongful Death Claims?
Exemplary damages, sometimes called punitive damages, may be available when the defendant’s conduct involved gross negligence, fraud, or malice. The ordinary standard requires clear and convincing evidence of fraud, malice or gross negligence under Texas Civil Practice and Remedies Code Section 41.003. Additional limits and case-specific rules may apply.
These rare damages are not meant to compensate the family for a specific loss; instead, they are intended to punish especially wrongful conduct and discourage similar behavior in the future.
Protecting Your Family During a Texas Wrongful Death Claim
The Law Firm of Aaron A. Herbert, P.C. can handle the legal and insurance issues so your family doesn’t have to. We deal with the insurance company, protect your claim from low settlement tactics, and keep your claim on track.
That support matters because insurers often act quickly after a fatal loss. They may push for a recorded statement, ask questions designed to limit liability, or make an early offer that fails to reflect the full value of the claim.
We can step in to deal with those tactics and protect your family from mistakes that could weaken the case.
A Dallas wrongful death lawyer protects your family by:
Taking Over Insurance Communications: Our team handles calls, letters, and settlement discussions with the insurance company so your family doesn’t have to deal with that pressure directly.
Managing Deadlines and Filings: We track your legal deadlines, prepare the necessary filings, and work to avoid common procedural snags.
Preserving Key Evidence: Our team moves quickly to secure records, reports, witness information, and other evidence before it becomes harder to find or use.
Evaluating the Full Value of the Claim: Your attorney works diligently to understand the full financial and personal losses tied to your loved one’s death.
Preparing the Case for Litigation: Even when a case may settle, we prepare from the beginning with the expectation that we may need to fight for your family in court.
Prepare for your consultation
Gather the information you already have. Missing records do not prevent you from contacting the firm.
FAQ for Dallas Wrongful Death Lawyer
What Steps Should Our Family Take After a Wrongful Death in Dallas?
After addressing your family’s immediate needs, speak with a Dallas wrongful death attorney before talking to any insurance adjusters. Avoid signing any documents or accepting any checks from an insurance company.
Try to preserve any evidence you may have, such as photos, contact information for witnesses, or any documents related to the incident.
How Can Our Family Afford a Dallas Wrongful Death Lawyer?
The Law Firm of Aaron A. Herbert, P.C. handles wrongful death cases on a contingency fee basis, which means we advance all the costs of building and pursuing your case; we only collect a fee if we win a settlement or verdict for your family.
Who Is Allowed To File a Wrongful Death Lawsuit in Texas?
Under the Texas Wrongful Death Act, a wrongful death claim can be filed by the surviving spouse, children, or parents of the person who passed away. If none begins an action within three calendar months after the death, the executor or administrator shall bring and prosecute the action unless all eligible individuals request otherwise. This is not a three-month filing deadline and does not mean families should wait to seek advice.
Other relatives, such as siblings and grandparents, are generally not permitted to file a wrongful death claim in Texas.
Do Texas Wrongful Death Claims Always Go to Court?
Some wrongful death claims are resolved through a negotiated settlement; others require litigation or trial. A settlement is an agreement between your family and the at-fault party’s insurance company to resolve the claim for an agreed-upon amount.
However, if the insurer refuses to offer fair compensation, The Law Firm of Aaron A. Herbert, P.C. is prepared to go to trial to fight for what your family needs.
What Is a Survival Action and How Is It Different From a Wrongful Death Claim?
A survival action is a separate legal claim that can be filed alongside a wrongful death claim. While a wrongful death claim compensates the family members for their own losses, a survival action seeks compensation on behalf of the deceased’s estate.
It covers the damages the loved one themselves suffered, such as medical bills, conscious pain, and suffering experienced before they passed away.
Can a brother, sister or grandparent file a wrongful death claim in Texas?
No. Only a surviving spouse, children and parents can bring a Texas wrongful death claim (CPRC §71.004). Other relatives may still have a role through the estate’s survival claim.
How many people die in Dallas County crashes each year?
TxDOT recorded 274 people killed in Dallas County crashes in 2025 (TxDOT 2025 county crash table). Behind each number is a family facing the questions on this page. Our Wrongful Death and Family Support Center walks families through what comes next.
Wrongful death resources
Let Us Fight for Your Family
The Law Firm of Aaron A. Herbert, P.C. is ready to provide the compassionate and strong representation you need to protect your family’s future. We’ll handle the legal burdens so you can focus on what matters most and move forward with steady guidance during a painful and uncertain time.
Call us today at (214) 200-4878 or use our secure online form for a free, no-pressure consultation with a Dallas wrongful death lawyer.