If you have lost a loved one because of someone else’s negligence, you are likely facing terrible grief, unanswered questions, and financial uncertainty. The Arlington wrongful death lawyers at Bailey & Galyen help families pursue accountability and financial recovery after a tragic and preventable loss.
No legal action can undo what has happened. But a wrongful death claim can provide financial stability, hold the responsible party accountable, and help you move forward with greater security.
When negligence leads to fatal injuries, Texas law gives certain surviving family members — and in some cases the estate — the right to seek compensation. If your family is facing this painful situation in Arlington, you deserve clear answers and solid legal representation.
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Why Should You Choose Bailey & Galyen for Your Arlington Wrongful Death Case?
When you are grieving, you need more than legal knowledge. You need a law firm with the experience, resources, and commitment to guide you through this complex process with care, compassion, and attention. When you trust our team to advocate for you, you’ll receive these benefits:
More Than 40 Years Serving Texas Families
Founded in 1982, Bailey & Galyen has represented individuals and families across Texas for more than four decades. Our longevity reflects a consistent commitment to client service and strong advocacy in difficult cases.
Wrongful death claims often involve detailed investigations, multiple parties, and significant financial stakes. Our experience allows us to carefully evaluate the facts, preserve evidence, and build a compelling case on your behalf.
Large-Firm Resources With Personal Service
Bailey & Galyen is one of the largest private law firms in Texas, with more than 40 attorneys and substantial support staff. Our size enables us to thoroughly investigate fatal accident cases, consult with appropriate experts, and manage complex litigation when necessary.
At the same time, we maintain an unwavering commitment to personal service and attention. You will not be treated like just another case. We understand that this is one of the most difficult times in your life, and we take that responsibility seriously.
Experience with Complex Injury and Fatality Cases
Wrongful death claims may arise from many different types of fatal accidents. Our team has extensive experience handling many dangerous situations, including:
- Car and truck accidents
A wrongful death case may arise when a distracted, intoxicated, or reckless driver causes a fatal crash on Interstate 20, Highway 360, or another busy Arlington roadway. - Workplace accidents
Fatal injuries can occur on construction sites, in industrial settings, or during transportation jobs when safety protocols are ignored or equipment is not properly maintained. - Construction site incidents
A worker may suffer fatal injuries due to falling objects, unsafe scaffolding, electrical hazards, or inadequate fall protection on a job site. Others may be fatally injured passing by a construction site. - Defective products
A wrongful death claim may result if a dangerous or poorly designed product — such as faulty machinery, automotive parts, or consumer goods — malfunctions and causes fatal harm. - Medical negligence
Fatal outcomes can occur when a healthcare provider fails to diagnose a serious condition, makes a surgical error, or administers incorrect treatment. - Dangerous property conditions
Property owners may be liable if unsafe premises — such as inadequate security, structural hazards, or unaddressed safety violations — lead to a fatal incident.
Each case requires careful legal analysis under Texas law. The specific facts, evidence, and circumstances surrounding the death will determine how liability is established and how damages are calculated.
If you are unsure whether you have a valid claim, we are ready to review your situation and explain your options.
What Is a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code Chapter 71, a wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. In simpler terms, if your loved one would have had a valid personal injury claim had they survived, you may have a wrongful death claim after their passing.
These cases are civil lawsuits, separate from any criminal proceedings. Even if criminal charges are not filed — or do not result in a conviction — a wrongful death claim may still proceed in civil court.
Which Family Members Can File a Wrongful Death Claim in Arlington?
Texas law limits who may bring a wrongful death lawsuit. Understanding who has legal authority to act is an important first step in protecting your rights. The following individuals typically have legal standing to file a claim:
- The surviving spouse
- Children of the deceased (including adult children)
- Parents of the deceased
Siblings are not eligible to bring a claim under Texas wrongful death laws.
If multiple eligible family members exist, they may file together or separately. If no eligible family member files a claim within three months of the death, the personal representative of the estate may file the claim, unless specifically requested not to do so by the family.
When the Estate May File a Wrongful Death Claim
Under Texas law, the surviving spouse, children, or parents of the deceased generally have the first opportunity to file a wrongful death lawsuit. If none of these eligible family members files a claim within three months after the date of death, the personal representative of the deceased’s estate may file the wrongful death lawsuit.
Even when the estate files the case, it is still a wrongful death claim brought for the benefit of the surviving family members. Any recovery is intended to compensate those family members for the losses they experienced after their loved one’s death.
This situation sometimes arises when:
- Family members are uncertain about their legal rights or how to begin the process.
- Disagreements exist among surviving relatives about whether to pursue a claim.
- Probate proceedings have already begun, and a personal representative has been appointed.
- Eligible family members have not yet taken action to file a lawsuit.
The estate’s personal representative may step in to protect the family’s ability to pursue compensation under Texas law. If you are unsure who has the authority to bring a wrongful death claim or how the process works, the Arlington wrongful death lawyers at Bailey & Galyen can help explain your options.
Survival Actions in Texas
In some cases, a survival action may also be filed in addition to a wrongful death claim. These are two separate types of claims under Texas law.
A wrongful death claim focuses on the losses experienced by surviving family members after the death, such as lost financial support, loss of companionship, and mental anguish. A survival action, on the other hand, is based on the losses the deceased person suffered before their death. This type of claim is brought by the estate and may include damages such as:
- Medical expenses incurred before death
- Pain and suffering experienced by the deceased prior to death
- Other damages the person could have pursued if they had survived
Any recovery from a survival action becomes part of the deceased person’s estate and is distributed according to the will or Texas intestacy law.
Because wrongful death and survival actions involve different types of damages and legal procedures, many cases include both claims. An experienced attorney can help determine whether one or both claims may apply in your situation and guide your family through the process.
What Legal Elements Must Be Proven to Succeed in a Wrongful Death Claim?
To recover compensation, we must prove specific legal elements. While every case is unique, most wrongful death claims require showing:
Duty of Care
We must establish that the defendant owed your loved one a legal duty of care. For example, all drivers owe others a duty to operate vehicles safely. Property owners owe a duty to lawful visitors to maintain the premises in a reasonably safe condition.
Breach of Duty
Next, we must show that the defendant breached that duty. This may involve reckless driving, failure to maintain property, negligent medical treatment, or other careless actions.
Causation
It is not enough to show negligence alone. We must demonstrate that the breach of duty directly caused the fatal injuries. This often requires accident reconstruction, medical records, expert analysis, and detailed investigation.
Damages
Finally, we must show that the death resulted in measurable damages to surviving family members or the estate.
Proving these elements requires evidence, legal analysis, and strategic presentation. Insurance companies often dispute liability and attempt to minimize damages. Working with our experienced legal professionals can make a significant difference in how your case is evaluated.
What Compensation May Be Available in a Wrongful Death Claim?
While no amount of money can replace your loved one, Texas law allows surviving family members and, in some cases, the estate to recover compensation for certain financial and emotional losses caused by a wrongful death. These damages are meant to address the real impact the loss has had on your life — both economically and personally.
Compensation may include:
- Loss of financial support
If your loved one contributed income to the household, you may seek compensation for the wages and financial contributions they would likely have provided in the future. For example, if a primary wage earner was supporting a spouse and children, the court may consider lost salary, benefits, and long-term earning potential. - Loss of companionship and guidance
Texas law recognizes the value of a parent’s guidance, a spouse’s companionship, and the emotional support provided within a family. If a child has lost a parent who provided daily care, mentoring, and emotional stability, that loss may be considered in calculating damages. - Loss of inheritance
If your loved one likely would have accumulated savings, retirement benefits, or property that would eventually pass to you, you may seek compensation for the value of that lost inheritance. - Mental anguish
The emotional pain caused by the sudden and wrongful loss of a loved one is real and profound. Mental anguish damages address the grief, shock, and ongoing emotional suffering experienced by surviving family members. - Funeral and burial expenses
Funeral costs can place an unexpected financial burden on families. Expenses for burial, cremation, memorial services, and related costs may be included in a wrongful death claim. - Medical expenses incurred before death
If your loved one received emergency treatment, hospitalization, or surgery before passing away, those medical bills may be recoverable through a wrongful death or survival claim.
In cases involving gross negligence or willful misconduct — such as extremely reckless behavior or intentional wrongdoing — punitive damages may also be considered. These damages are intended to punish particularly egregious conduct and discourage similar actions in the future.
Each category of damages must be supported by evidence. Financial records, employment history, expert analysis, medical documentation, and testimony may all help establish the full scope of your losses. Insurance companies often challenge the value of these damages, which is why careful preparation and strong advocacy are critical.
What If the Deceased Was Partially at Fault for Causing the Accident?
Texas follows a modified comparative responsibility system. If your loved one is found partially at fault for causing the incident that resulted in their death, your financial recovery may be reduced.
When fault is shared among multiple parties, the jury assigns a percentage of responsibility to each party involved. Any damages awarded are then reduced by the percentage of fault attributed to the deceased. For example, if the deceased is found to be 20% responsible for causing the accident, and the other party 80% responsible, a $1,000,000 recovery would be reduced by 20% to $800,000. If the deceased is found to be more than 50% at fault, you may not recover compensation at all in Texas.
Insurance companies often attempt to shift blame to the victim in fatal accident cases in order to reduce the amount they must pay. Careful investigation, accident reconstruction, and preservation of evidence are critical in countering those arguments and minimizing the responsibility that may be assigned to your loved one.
How Long Do I Have To File a Wrongful Death Lawsuit?
Texas law generally imposes a two-year statute of limitations on wrongful death claims. If you miss this deadline, you are barred from receiving compensation related to your loved one’s death, regardless of how strong your claim would have been. Likewise, waiting too long can jeopardize your ability to file a lawsuit because investigation and preparation take time to do well.
Evidence can also disappear over time. Witness memories fade. Accident scenes change. Taking early action allows your legal team to preserve crucial information.
If you are unsure about the deadlines that apply to your situation or whether you have a case, speaking with our Arlington wrongful death lawyers quickly can help protect your rights.
How the Bailey & Galyen Team Supports Families During This Difficult Time
Pursuing a wrongful death claim may feel overwhelming while you are grieving. Our role is to shoulder the legal burden so you can focus on your family. When you partner with us, we can:
- Conduct a thorough investigation
- Gather medical and accident records
- Identify liable parties
- Work with appropriate experts when necessary
- Communicate with insurance companies
- Prepare your case for settlement or trial
We understand that every family’s situation is unique. Our team approach allows us to provide both comprehensive legal strategy and individualized attention.
We Serve Arlington and Tarrant County
With a strong presence in the Arlington and Fort Worth area, Bailey & Galyen is familiar with local courts and procedures in Tarrant County. Our local knowledge, combined with statewide experience, allows us to tailor our approach to your case.
If your loved one’s death occurred in Arlington or the surrounding communities, we are prepared to review your situation and explain your legal options.
Take the Next Step by Calling the Arlington Wrongful Death Lawyers at Bailey & Galyen Today
Losing a loved one due to someone else’s negligence can be devastating. You deserve answers, accountability, and legal guidance you can trust.
If you believe you may have a wrongful death claim in Arlington, do not wait to learn about your legal rights. The Arlington wrongful death lawyers at Bailey & Galyen are ready to review your case, explain your options, and advocate for your family.
Call Bailey & Galyen at (817) 752-3155 for a free, no-obligation consultation and take the first step toward protecting your family’s future.
Schedule a Free Consultation Today!