Wrongful Death Attorney in North Texas & Southern Oklahoma
Losing a loved one because of someone else's negligence is devastating. David M. Kennedy has over 40 years of experience representing surviving families — pursuing the full justice they deserve with care, dignity, and determination.
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When a Life is Lost
Because of Someone Else's Negligence
Wrongful death claims can be fraught with emotion. Finding the right lawyer to help fight your battle is of the utmost importance. The Law Office of David M. Kennedy, P.C. provides the compassionate, experienced representation surviving families deserve.
Wrongful death and survivorship claims are a sub-part of Personal Injury litigation, but they call for a unique understanding of the statutes and tort laws that apply. The Law Office of David M. Kennedy has a long history of success in representing clients with these rights. Please visit our Litigation History page to judge for yourself.
Two Types of Claims
Texas law recognizes two distinct claims that may arise from a death caused by negligence — and understanding the difference is critical to building the right case for your family.
Survivorship Claim
Under Texas's Survival Statute, a deceased person's personal injury claim does not die with them — it survives. An heir or estate representative may continue that claim or pursue a new one on behalf of the person who died. This focuses on the decedent's own pain, anguish, and expenses prior to death.
Wrongful Death Claim
This claim focuses on the damages suffered by the surviving family — not the decedent. A surviving spouse, child, and/or parent may recover for their mental anguish, loss of financial contribution, loss of consortium, counsel and advice, and funeral expenses.
Financial Compensation — Survivorship
Under the Survival Statute in Texas, it may be necessary to probate an estate to establish legal representation rights, in addition to filing the survivorship personal injury case. Recoverable damages typically include:
What Surviving Families May Recover
Survivorship Damages
Wrongful Death Damages
When Death Is Instantaneous
In cases where there is no evidence of the decedent's last pain and anguish — such as when the victim is rendered unconscious or death is instantaneous — the surviving spouse, child, and/or parent can pursue a wrongful death claim only. The jury will not consider survivorship claims. In these cases, the focus shifts entirely to the family's damages, not the decedent's.
Not only would the jury hear evidence of how the person suffered prior to death, but how that death — caused by the defendant's neglect or intentional act — has now injured the surviving family who seek recovery for their unique and individual damages.
— David M. Kennedy, on wrongful death litigationFurther Reading
Wrongful Death Claims: Seeking Justice for Your Loved Ones We Should Not Be Surprised To Hear Of Fraud In Covering Up Nursing Home Deaths Exploring the Spectrum: Common Types of Medical Malpractice Cases Is Your Doctor Being Paid To Turn You Into An Addict? Mothers Fight For Justice Against Truck Dangers Killer Trucks Without Drivers. Really? U.S. Traffic Deaths RisingReady to Talk to David Personally?
There is absolutely no charge to discuss your claims with David.