Wrongful Death Attorney
Any serious and preventable injury can be devastating, but cases of wrongful death can be especially shocking and traumatic.
If your loved one was killed as a result of someone else’s negligence, wrongful death attorney Rocky Walton can help you pursue justice.
Learn whether you have grounds to file a lawsuit with the help of our Arlington, TX, firm, serving Fort Worth and Grand Prairie.
How Is Wrongful Death Proven? For Texans to Collect Compensation, We Must Prove:
Duty
The first step for wrongful death lawyers in Texas is to establish that the person or party who caused the car accident or other type of incident owed your loved one a certain duty. This can be the duty to drive safely, the duty to provide a hazard-free workplace, or the duty to perform medical procedures or provide medical devices in accordance with acceptable standards.
Breach of Duty
Once a wrongful death attorney has demonstrated that the responsible party should have provided a proper standard of care, they must prove that the party failed to meet it. This could be a failure to drive safely, a failure to provide sufficient medical care (medical malpractice), or insufficient protection against hazards in the workplace.
Causation
Finally, in order to move forward with a wrongful death case, an attorney must demonstrate that this breach of duty is what led to your loved one's death. This is shown through medical records, eyewitness testimony, police reports, or workplace policies and procedures. The wrongful death lawyers at our Arlington personal injury office, serving Fort Worth and the surrounding areas, will leave no stone unturned during this important part of the investigative process.
Do You Have a
Wrongful Death Claim?
Request Your Free Case Review Today
If your loved one was killed due to the negligent actions of another party, you have our deepest condolences. We understand that preparing a wrongful death claim after a devastating loss can be complicated and stressful, so we do what we can to relieve some of that burden. Wrongful death attorney Rocky Walton offers free initial consultations. You can request yours by filling out our online form, contacting us online, or calling our Arlington, TX, office.
"Rocky and his staff give 110% effort and get great results for their clients. So thankful to have connected with this caring and hardworking group." Michelle Fornal
Determining Compensation for Wrongful Death Claims
If a judge or jury in Texas rules that the defendant's breach of duty did cause the death of your loved one, they can be held liable for financial damages. Monetary damages that are available in a wrongful death lawsuit can include:
- Medical expenses, such as surgeries, medications, transport, etc.
- Loss of the deceased person’s earning capacity and the value of the care, services, and advice the family members would have received from the deceased person
- Mental anguish, meaning emotional pain and suffering from the loss
- Loss of companionship and society
- Loss of inheritance
Significant Factors That Can Affect Compensation in a Wrongful Death Case
Lost Financial Support
If surviving family members relied on the deceased person to provide financial support, the death can be even more catastrophic, and the financial hardship even more acute. Reliable reports and other documents must be presented to verify your damages. It is extremely important to save all types of documentation related to the incident and its effects, such as medical bills.
Claims on Behalf of an Estate
Under the Texas Survival Statute, the deceased person’s heirs or estate can make a claim for the personal injury that the deceased person would have been able to claim if he or she had survived. These damages can include medical expenses and pain and suffering, as well as funeral expenses.
Punitive Damages
In certain instances, punitive damages (or exemplary damages) may be awarded to punish the negligent party in a wrongful death or survival claim (or both). This could be applicable in wrongful death cases where the responsible party was texting behind the wheel, driving under the influence, or exhibiting other types of reckless behavior. Our Arlington firm, serving Grand Prairie and the greater Fort Worth area, will push for maximum penalties.
Who Can Receive Wrongful Death Compensation?
The Texas Wrongful Death Act places strict guidelines on who can file a wrongful death claim and receive compensation.
Who Is Eligible for Compensation?
Under the Wrongful Death Act, compensation is limited to the:
- Spouse
- Children
- Parents
Siblings and grandparents are not eligible for compensation. Each eligible person’s compensation depends on their closeness to the deceased person and how much financial support they could have reasonably anticipated receiving from the deceased person. If the deceased person has a will, that will affect the outcome.
Generally, the compensation awards are not equal among the beneficiaries.
Who Receives Survival Claims?
If the decedent survived for even a short amount of time and had conscious pain and suffering, the estate of the decedent would have a survival claim. In the survival action, the deceased person’s estate would be entitled to the same damages that the person would have received if he or she had lived. The beneficiaries of the estate would be entitled to survival damages according to the person’s will, or the laws of descent and distribution if there was no will.
Accidents leading to wrongful death leaves loved ones devastated both emotionally and financially. Our wrongful death lawyers can help recover the compensation your family deserves.
Our Law Firm Will Fight for Your Rights
Book a No-Cost, No-Obligation Consultation
Our wrongful death lawyers understand there is no amount of money that can take the place of your lost loved one, but holding the responsible party accountable can provide the closure your family needs.
Roger "Rocky" Walton in Arlington is one of fewer than 3% of personal injury trial law specialists in the State of Texas. We offer free initial consultations and work on a contingency basis, allowing you to focus on your family rather than pay upfront fees and costs. To learn more about wrongful death lawsuits, contact our law firm with our form or reach out at:
(817) 429-4299
"Rocky and his team were incredible! They helped me to overcome one of the biggest challenges I have faced, and were able to advocate effectively on my behalf. Rocky and his team of competent, professional, and caring legal minds helped to educate me about each step of the legal process, and kept in touch as things developed, which helped to foster a collaborative environment." Sarah Perez
Common Causes of Wrongful Death
We trust medical professionals to provide us with a certain standard of care. When they fall short, the consequences can be deadly. From surgical errors to misdiagnoses, a wrongful death lawsuit can help hold medical professionals accountable for negligent actions.
Our Wrongful Death Attorney Can Meet Your Unique Needs
Roger "Rocky" Walton in Arlington is ready to fight for the rights of clients who have lost their loved ones due to negligence. Many wrongful deaths are caused by motor vehicle accidents, such as those involving car accidents, motorcycles, 18-wheelers, or impaired drivers. Wrongful deaths can also be caused by unsafe premises, dangerous drugs, defective medical devices, or dangerous working conditions.
Rocky Walton is ready to pursue justice on behalf of families in Grand Prairie, Fort Worth, and Greater DFW.
Take the first step today by reaching out to our Arlington personal injury law firm. You can request a consultation with a wrongful death attorney online or call or text our law firm at:
"There is no one better than Rocky Walton and his team. They truly do put a lot of time, attention and care for their clients. That is the most important thing in this world, and we were treated like family. I’d recommend to anyone that has any issues that pertain to this law firm’s specialties Give them a call and they will lend a helping hand." Ryan Bazan
Who Is to Blame? Our Law Firm Will Pinpoint the Cause
Determining who is responsible for your loved one's death isn't always straightforward. If they were struck by a semi-truck driver, for instance, you might assume that driver error is to blame. However, these unfortunate situations are often more complicated than they seem and can involve remote defendants.
On further investigation, our Arlington-based wrongful death lawyers may find that the brakes were defective and that even though the driver acted in a safe and responsible manner, faulty auto parts led to his inability to stop on time. Instead of holding the driver or employer accountable, the blame might instead be placed on the manufacturer of the parts. If poor road conditions are to blame for a vehicular accident, Rocky can hold local municipalities accountable.
It is extremely important to choose a legal team that will not rush or shortchange the investigative process. Rocky Walton is exceptionally well-versed in a variety of personal injury case types. He can bring this knowledge to work for you in the event of a wrongful death. His Arlington firm serves Grand Prairie, Fort Worth, and other nearby communities.
How Will I Afford It? We Only Get Paid if You Recover
We understand that an unexpected death in the family can come with an enormous financial cost. You might find yourself facing immediate concerns, such as medical expenses, plus uncertainty over how to maintain your quality of life in the future. To place the cost of a wrongful death attorney within your reach, we offer:
- Free consultations: We offer free consultations to clients in Arlington, Grand Prairie, Fort Worth, and surrounding areas. You have nothing to lose by requesting a visit with our team.
- Contingency fees: Operating on a contingency basis means that if we fail to secure a settlement or verdict in your favor, you pay nothing for our time and representation.
- Fair costs: Rocky Walton is committed to offering clients affordable services. You can expect to pay no more than you would for other personal injury attorneys in the area.
- Letters of protection: Many of our clients need to immediately settle debts with medical providers and cannot afford to wait to file a case. We can provide letters of protection that guarantee medical costs will be repaid from a future settlement or verdict related to the injury and subsequent care.
The cost of failing to pursue a valid claim can be devastating. You owe it to yourself and your family to speak with our Arlington attorneys and learn whether you are eligible for compensation following the loss of a loved one.
Texans Deserve
The Rocky Advantage
If you are considering filing a wrongful death claim, you deserve dedicated wrongful death lawyers in your corner. We offer our Arlington, Grand Prairie, and Fort Worth clients The Rocky Advantage, a unique set of qualifications that distinguishes us from other firms throughout Texas. These include:
- Membership with the Million Dollar Advocates Forum (one of only 1% of Texas attorneys)
- AV rating in legal ability and ethics (awarded to only 14% of attorneys in the state)
- Specialization in personal injury trial law (a distinction held by fewer than 3% of lawyers in Texas)
Every case is unique and requires a thorough investigation to determine the cause and type of death. Rocky Walton has been helping victims since 1987 and is here to help you, too.
Set up your free initial consultation by contacting us online or by calling or texting:
(817) 429-4299
"I really got good results with my settlement. I feel sure it was because Rocky and his staff fought so hard for me." Betty M.
Frequently Asked Questions
Do you have verdicts and settlements I can view?
Absolutely. Our personal injury lawyers have secured millions for Arlington-area clients who have lost a family member due to a negligent third party. We invite you to explore our verdicts and settlements and see why so many choose us for representation in their wrongful death lawsuit.What's a notable wrongful death case you've won?
Our wrongful death lawyer secured $3,150,000 for a family who lost their son in a hazing incident. Our client's son died of alcohol poisoning at a fraternity party at a major university in south Texas. Though the fraternity had no insurance, our wrongful death lawyer was able to collect from the parents’ homeowner’s policies of the many men involved in the hazing.Are you a personal injury lawyer?
Yes, we don't just handle wrongful death claims. If you or a loved one have sustained injuries due to a car accident, workplace accident, medical malpractice, or another incident, our personal injury lawyer can help hold the negligent party accountable and secure compensation for your ongoing medical care, lost wages, and more.Our personal injury lawyers can help you move forward in the event of an injury or wrongful death. When you choose us, you'll have a team that fights tirelessly for clients to help them secure the best outcome possible.
The personal injury information offered and contained herein, regarding personal injury statutes and claimants' rights, is general in scope. No attorney–client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice.
