Gainesville, Texas Wrongful Death Attorneys

Receiving the news that your loved one has died in an unexpected accident is a horrible thing to bear. You may be left with unanswered questions, lasting grief, and a slew of practical concerns related to the death. A Gainesville, Texas wrongful death attorney can help you seek a remedy for your losses, seeking accountability from the party responsible.

At Burress Injury Law, we are no stranger to wrongful death claims. Over the years, we have investigated many fatal accidents and helped families recover meaningful compensation through aggressive advocacy. With a case success rate of over 99.9 percent, you can trust our firm to provide you with fierce representation and clear counsel throughout your claim.

About Burress Injury Law

Burress Injury Law was established in 2008. Since then, we have grown into a robust firm with multiple offices throughout the state and a practice that serves injury victims across the state of Texas. For families in Gainesville facing the aftermath of a fatal accident, that reach can make a real difference.

Before switching our focus to representing injury victims, our attorneys previously represented insurance companies and corporations in injury claims. This experience on both sides of the negotiating table has given us tremendous insights into how the claims process works, allowing us to more effectively negotiate on behalf of our clients. When you work with our firm, you will benefit from the full breadth of our legal knowledge, drawing on over 175 years of shared experience among all of our lawyers.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil claim brought when a person dies because of another party's wrongful act, neglect, carelessness, lack of skill, or default. In plain terms, it applies when a death should not have happened and was caused by someone else's misconduct. This is different from a criminal case. A criminal prosecution focuses on punishment by the state. A wrongful death claim focuses on civil accountability and compensation for surviving family members.

These claims can arise from many kinds of fatal incidents. A deadly wreck involving a drunk driver, a fatal 18-wheeler collision, a dangerous property condition, or a defective product may all give rise to a wrongful death claim. The question is not only whether a death occurred. In many cases, the question is why it occurred and whether it could have been prevented if the responsible party had acted with reasonable care.

A wrongful death claim is also about the losses suffered by surviving family members. When a person dies unexpectedly, the damage reaches far beyond the final hospital bill. A family may lose financial support, household services, guidance, companionship, and stability. The law cannot restore what was lost, but it can provide a way to seek justice and financial recovery.

Who Can Bring Forward a Wrongful Death Claim in Texas?

Texas law limits who may bring a wrongful death claim. In general, the claim may be brought by the surviving spouse, children, or parents of the person who died. These family members may bring the claim alone or together. In some situations, one person may file and include the interests of others who are entitled to recover.

This question is important because extended relatives do not automatically have the right to file a wrongful death lawsuit, no matter how close the relationship may have been. Siblings, for example, are generally not among the family members permitted to bring the claim under Texas wrongful death law. That can come as a surprise to families who are grieving together and trying to decide what to do next.

If the eligible family members do not file within a certain period after the death, the personal representative of the estate may sometimes bring the claim unless the family asks that no action be taken. These issues can become complicated, especially where there are blended families or disagreements among surviving relatives. It is wise to get legal guidance early so the right people are involved, deadlines are protected, and the claim is handled properly from the beginning.

Statute of Limitations on Texas Wrongful Death Claims

A wrongful death claim in Texas is usually subject to a two-year statute of limitations. That means the lawsuit must typically be filed within two years of the date of death. That may sound like a long time, but the time can pass quickly when a family is grieving and trying to rebuild their lives after a tragedy.

Waiting too long can do real harm to the case even before the deadline arrives. Surveillance footage may be erased. Vehicles may be repaired, sold, or destroyed. Internal company records may become harder to secure. In a wrongful death case, early investigation often matters a great deal because the defense may already be working to protect itself.

There can also be exceptions or special rules in certain situations, which is one more reason not to make assumptions about timing. A family that misses the filing deadline may lose the right to recover compensation altogether. That is a painful result, especially when the underlying claim may have been strong. Acting promptly gives the family a better chance to preserve evidence, understand their rights, and move forward from a position of strength.

Wrongful Death Cases We Handle

Wrongful death claims can arise from many kinds of accidents and acts of negligence. Although each case has its own facts, the central issue is the same: whether another party's careless or wrongful conduct caused a death that should never have happened. At Burress Injury Law, we handle a wide range of wrongful death cases for families across Texas, including:

• Car accidents
• Commercial truck collisions
• Motorcycle accidents
• Drunk driving accidents
• Premises liability incidents, including falls and negligent security
• Defective product cases

These claims often require careful investigation and serious preparation. A family may know deep down that the death was preventable, but a legal claim still requires proof. The case may involve accident reconstruction, black box data, medical records, expert review, company documents, witness interviews, and a close analysis of how the fatal event occurred. The sooner that work begins, the better the chance of preserving the evidence needed to prove the claim clearly and fully.

Frequently Asked Questions Regarding Wrongful Death Claims in Gainesville, TX

Securing Meaningful Compensation for Clients in Need

While past results should not be treated as an indicator of future outcomes, Burress Injury Law has a track record of securing successful results in various injury claims, including wrongful death claims. We have secured hundreds of millions on behalf of injury victims in case results, and we have earned more than 900 5-star reviews from clients who turned to us in their time of need.

One notable case involved a wrongful death case caused by an 18-wheeler collision that resulted in a gross settlement of nearly $4.8 million. That result reflects the kind of serious preparation these claims often require. Fatal truck accident cases may involve company records, driver history, black box data, expert review, and determined resistance from multiple insurers.

How Burress Injury Law Supports Local Communities

At Burress Injury Law, we play an active part in supporting our local communities. Through the Burress Community Foundation, we help provide resources to local causes and organizations that make a real difference in people's lives.

We also host an annual charity picnic that brings people together while raising support for worthwhile causes. In addition, our Underdog Scholarship is offered six or more times throughout the year to help students who need financial assistance as they pursue their education.

Fees for Wrongful Death Claims at Burress Injury Law

At Burress Injury Law, we know that grieving families are often under intense financial pressure after a fatal accident. Funeral expenses may arrive quickly. A household may suddenly lose a paycheck or the support of the person who handled essential daily responsibilities. The last thing most families need at that moment is a demand for attorney fees up front just to begin seeking justice.

That is why we handle wrongful death claims through a contingency fee arrangement. We do not charge attorney fees up front to begin working on the case. This arrangement helps families pursue serious legal representation without taking on hourly legal bills while already dealing with grief, uncertainty, and financial strain. It also allows us to move the case forward promptly so the family can focus on mourning and rebuilding rather than wondering how to fund a lawsuit.

Where Can You File a Wrongful Death Lawsuit in Gainesville, Texas?

Many wrongful death claims are resolved through settlement, but not all of them are. Insurance companies may come forward with low offers, hoping a grieving family will accept less than the claim is truly worth in order to avoid a long dispute. In other cases, fault is denied, blame is shifted, or the full scope of the family's losses is challenged. When that happens, filing a lawsuit may be necessary to move the case forward and pursue accountability through the legal system.

For Gainesville cases, a wrongful death lawsuit may be filed in Cooke County. The courthouse is located at the following address: