
When tragedy strikes, families deserve answers—and justice. The wrongful death attorneys at Daly & Black, P.C. fight for families who have lost loved ones due to negligence, recklessness, or misconduct. Our law firm helps you pursue the full compensation you may be entitled to while taking on the burden of complex legal action so you can focus on what matters most: healing.
Schedule your FREE consultation today.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action brought by surviving family members or the estate of someone whose death was caused by another party’s negligence or misconduct. Unlike criminal cases—which aim to punish—the purpose of a wrongful death lawsuit is to provide financial justice and hold the responsible party accountable.
Common causes of wrongful death include:
- Motor vehicle and trucking accidents
- Medical malpractice
- Dangerous premises or property hazards
- Industrial and workplace accidents
- Defective or recalled products
- Nursing home neglect or abuse
These cases often involve multiple layers of liability, insurance disputes, and complex evidence. At Daly & Black, we handle them all.
Who Can File—and When?
Determining who has the right to bring a wrongful death claim and when it must be filed is one of the most important early steps in any case. Each state has unique rules governing eligibility and deadlines, so understanding these details ensures your family’s claim is protected.
Eligibility at a Glance
In most cases, the following parties are eligible to file a wrongful death claim:
- The surviving spouse or children of the deceased
- Parents or legal guardians (if no spouse or children exist)
- A representative of the deceased’s estate
Eligibility varies by state. During your free consultation, our attorneys will review your situation and confirm who has standing to file the claim.
Statutes of Limitations (Time Limits)
Time limits for filing a wrongful death claim depend on where the incident occurred:
- Texas: Generally, families have two years from the date of death to file a wrongful death lawsuit.
- Louisiana: For incidents occurring on or after July 1, 2024, most tort actions, including wrongful death, are subject to a two-year prescriptive period.
Missing these deadlines may bar recovery entirely, so it’s critical to speak with an attorney as soon as possible.
What Damages Are Recoverable?
The damages in a wrongful death lawsuit can vary widely depending on the circumstances of the case, but generally include:
Economic Damages
- Final medical bills
- Funeral and burial expenses
- Lost income and financial support
- Loss of household services and benefits
Non-Economic Damages
- Loss of companionship, guidance, and emotional support
- Pain and suffering endured by surviving family members
Punitive Damages
In rare cases involving gross negligence or intentional harm, punitive damages may be awarded to punish egregious misconduct and deter similar behavior in the future.
Our firm carefully calculates all economic and emotional impacts to ensure your family’s future is fully represented.
How We Build a Wrongful Death Case
Building a strong wrongful death case requires both compassion and precision. At Daly & Black, we combine thorough investigation with strategic legal insight to uncover the truth, establish liability, and pursue the maximum recovery.
Our Step-by-Step Process
- Free Case Review: We evaluate your case and determine eligibility to file a wrongful death claim.
- Independent Investigation: Our team collects accident reports, witness statements, medical records, and expert testimony to establish liability.
- Expert Consultation: We work with economists, medical professionals, and accident reconstruction experts to quantify damages and prove causation.
- Negotiation with Insurers: We handle every communication with the insurance companies to fight lowball settlements and protect your rights.
- Filing Suit and Trial: If necessary, we bring your case to court and present it before a jury.
We also handle survival actions, cases where the deceased suffered damages prior to death, alongside wrongful death claims when applicable. This ensures every avenue of recovery is pursued.
Common Causes We Handle
Our attorneys represent families in a wide range of wrongful death cases, including:
- Car, truck, and motorcycle accidents
- Industrial and refinery explosions
- Medical malpractice
- Nursing home abuse and neglect
- Defective or recalled consumer products
No matter the cause, Daly & Black stands ready to hold negligent corporations, property owners, or medical professionals accountable.
Why Families Choose Daly & Black
When you choose Daly & Black, you get more than a law firm—you get a team that’s ALL IN. ALL THE TIME. for your family.
Proven Litigation Strength
Our attorneys are nationally recognized for their results in high-stakes insurance and personal injury litigation. With deep experience in complex claims, we know how to handle large corporations and insurance companies that refuse to pay.
Compassionate Client Support
We understand the emotional weight of wrongful death cases. Our attorneys and staff prioritize clear communication and personalized guidance throughout your case.
Contingency Fee Promise
We operate on a contingency fee basis—you pay nothing unless we recover for you.
Speak with a wrongful death attorney today. Call Daly & Black for your free consultation.
FAQ
How do I find a wrongful death attorney?
Look for a law firm with experience in wrongful death litigation, strong investigative resources, and a record of handling insurance negotiations. Ask about fees, timelines, and communication policies before hiring.
What makes a good wrongful death attorney?
A good attorney is both compassionate and relentless—able to support grieving families while aggressively pursuing justice. They should have trial experience, access to expert witnesses, and familiarity with local courts and insurance defense strategies.
What questions should I ask a wrongful death attorney?
- Do I qualify to bring a wrongful death claim?
- What are the filing deadlines in my state?
- What damages can be recovered?
- What will the process look like from investigation to resolution?
- How do legal fees and expenses work?
What should I expect from a wrongful death attorney?
Expect clear communication, regular updates, and a roadmap outlining each step of the case. Your attorney should handle all paperwork, evidence gathering, and insurance correspondence while keeping you informed.
Take the Next Step
You’ve already endured the unimaginable. Let us handle the fight for justice.
At Daly & Black, P.C., we’re committed to standing beside families in their pursuit of truth and accountability. Our wrongful death attorneys will work tirelessly to uncover the facts, hold the negligent accountable, and seek the compensation your family deserves.
Call us today and get in touch with a wrongful death attorney who is ALL IN. ALL THE TIME. for you and your family.
Practice Areas
- Offshore Injury Lawyer
- Houston Car Accident Lawyer
- New Orleans Car Accident Lawyer
- New Orleans Oil Rig Injury Lawyer
- New Orleans Wrongful Death Lawyer
- New Orleans Disability Lawyer
- Houston Disability Lawyer
- Houston Wrongful Death Lawyer
- New Orleans Negligent Security Lawyer
- Houston Negligent Security Lawyer
- New Orleans Dog Bite Lawyer
- New Orleans Birth Injury Lawyer
- Houston Dog Bite Lawyer
- Houston Oil Rig Injury Lawyer
- Houston Personal Injury Attorney
- New Orleans Offshore Accident Attorney
- Houston Offshore Accident Attorney
- Houston Slip and Fall Lawyer
- New Orleans Slip and Fall Lawyer
- New Orleans Personal Injury Lawyer
- First-Party Insurance Attorney
- Personal Injury Lawyers
- Medical Malpractice
- Mass Tort Lawyers
- Necrotizing Enterocolitis Attorney
- Truck Accidents
- Ski and Snowboard Accidents Lawyer
- Defective Products Attorney
- Aviation Accidents
- Railroad Accidents
- Medical Device & Drug Injuries
- Plant & Refinery Injury Lawyers
- Offshore Injuries and Maritime Claims Attorney
- Wrongful Death Law Firm Fighting for Families
- Property Contamination Lawyers
- Health Insurance Claims
- Commercial Litigation Attorney
- Windstorm Claims
- Earthquake Loss Claims
- Life Insurance Claims
- Business Interruption Claims Attorney
- Tornado Insurance Claims Attorney
- Hail Damage Claims Attorney
- Nursing Home Abuse
Daly & Black is an amazing law firm. They handled clients’ hail damage claims. Maria Gerguis, a partner and trial lawyer, is the absolute best. Will be referring clients to them in the future. They’re very responsive, professional, care about the little people, and WIN cases.
