Sherman, TX Wrongful Death Lawyers

Suddenly losing a loved one can come as a shock. When the cause of death can be traced back to another party's negligence, you may naturally want someone to step forward and take accountability. A Sherman, Texas wrongful death lawyer can help you file a claim against the person or entity responsible, seeking fair compensation based on your losses.

At Burress Injury Law, we have successfully represented clients in wrongful death claims. With a case success rate of over 99.9 percent, we fight to hold the right people responsible, building claims based on sound evidence. You can trust our personal injury attorneys to handle your case with the care it deserves, especially after a personal tragedy.

Our Firm's History

Burress Injury Law was founded in 2008 by Jason Burress with a clear focus on representing individuals and families affected by serious injuries. From the beginning, the firm has handled complex cases involving significant damages, including fatal accidents caused by negligence. Before shifting its focus to injury victims, the firm gained insight into how insurers investigate claims, evaluate risk, and defend against liability. This background continues to inform how cases are prepared and presented today.

Insurance companies are aware that Burress Injury Law is willing to take cases to trial when necessary. This reputation can influence how claims are handled from the outset. While many cases are resolved through settlement, the ability and willingness to pursue litigation remains a critical factor in negotiating fair compensation. The firm approaches each wrongful death case with careful preparation and a clear understanding of what may be required to achieve an appropriate outcome.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action brought when a person dies as a result of another party’s negligence or misconduct. These claims are intended to address the losses suffered by surviving family members due to the death. While no legal action can reverse the loss, a wrongful death claim provides a way to seek financial accountability.

Wrongful death claims may arise from a variety of circumstances, including motor vehicle accidents, defective products, and unsafe property conditions. The central issue in each case is whether the death was caused by a failure to exercise reasonable care.

Compensation in a wrongful death claim may include both economic and non-economic damages. Economic damages often involve measurable financial losses, such as lost income and funeral expenses. Non-economic damages address the emotional and personal impact of the loss, including the loss of companionship and support.

These claims are separate from any criminal proceedings that may arise from the same incident. A civil wrongful death case focuses on compensation, not punishment. The burden of proof is also different, requiring a showing that negligence more likely than not caused the death.

What Is a Survival Action?

Alongside a wrongful death claim, Texas law allows for a separate legal claim called a survival action. While a wrongful death claim focuses on the losses suffered by family members, a survival action addresses the damages that the deceased person could have pursued if he or she had survived.

A survival action is brought on behalf of the deceased person’s estate. It may include compensation for medical expenses incurred prior to death, as well as pain and suffering experienced between the time of the injury and death. In some cases, there may also be claims related to lost earnings during that period.

These two types of claims are often pursued together, but they serve different purposes. A wrongful death claim compensates family members for their losses, while a survival action preserves the claims that belonged to the deceased. Understanding this distinction is important when evaluating the full scope of a case.

Properly documenting the events leading up to the death, including medical treatment and the timeline of the injury, is essential in a survival action. These details can significantly affect the damages that may be recovered.

Who Can File a Wrongful Death Claim in Texas?

Texas law limits who may file a wrongful death claim. Generally, the right to bring such a claim is reserved for certain close family members of the deceased. This typically includes the surviving spouse, children, and parents.

These individuals may file the claim individually or together. In some cases, if eligible family members do not file a claim within a specified period, the personal representative of the estate may have the authority to pursue the claim on their behalf.

Each eligible party may have different types of losses, and the law recognizes that the impact of a death can vary among family members. For example, a spouse may experience loss of financial support and companionship, while a child may suffer the loss of guidance and parental care.

Determining who may file a claim and how damages are allocated can involve complex legal considerations. It is important to ensure that the claim is filed by the appropriate parties and within the required timeframe.

Types of Wrongful Death Cases We Handle

Wrongful death claims can arise in many different contexts, and each type of case presents unique legal and factual issues. Our firm handles a range of wrongful death cases involving negligence and unsafe conditions.

Motor vehicle accidents are one of the most common causes of wrongful death claims. This includes collisions involving passenger vehicles, commercial trucks, and motorcycles. These cases often involve questions of driver negligence, such as speeding, distracted driving, or driving under the influence.

We also handle wrongful death claims involving unsafe property conditions. Premises liability cases may arise when a property owner fails to maintain safe conditions, leading to a fatal injury. In some cases, inadequate security measures may contribute to the incident.

Defective products can also result in fatal injuries. These cases may involve design defects, manufacturing errors, or inadequate warnings. Establishing liability often requires a detailed examination of how the product failed and whether it met safety standards.

Other wrongful death cases may involve multiple liable parties or other forms of negligence. Regardless of the specific circumstances, each case requires a thorough investigation to determine what happened and who may be responsible.

Punitive Damages in Wrongful Death Claims

In certain wrongful death cases, punitive damages may be awarded in addition to compensatory damages. While compensatory damages are intended to address the financial and emotional losses suffered by surviving family members, punitive damages serve a different purpose.

Punitive damages are not available in every case. In Texas, they are generally reserved for situations involving gross negligence, fraud, or willful misconduct. Gross negligence typically means that the responsible party acted with a conscious disregard for the safety of others, creating an extreme risk of harm. Examples may include a driver operating a vehicle while highly intoxicated or a company knowingly ignoring serious safety violations.

To recover punitive damages, there must be clear and convincing evidence of this heightened level of misconduct. This standard is higher than what is required for ordinary negligence claims. As a result, these cases often involve detailed investigation and strong supporting evidence. While punitive damages are not guaranteed, they can play an important role in holding wrongdoers accountable in cases involving particularly dangerous or reckless behavior.

Sherman Wrongful Death Claims FAQs

Case Results

Burress Injury Law has recovered more than $500 million on behalf of clients in personal injury and wrongful death cases. This includes a wide range of results in complex matters involving significant losses.

Among our notable case results, we worked to secure a settlement of nearly $1.2 million obtained on behalf of the family of a mother of two children who died in a truck accident. This case required careful investigation and a detailed presentation of both liability and damages.

While each case is different, these results reflect the firm’s approach to pursuing meaningful compensation. Past outcomes do not guarantee future results, but they demonstrate the firm’s experience in handling serious and high-stakes claims.

Burress Injury Law in the Community

Burress Injury Law maintains an active role in supporting the Sherman community and surrounding areas through ongoing outreach and charitable initiatives. The firm believes that its responsibilities extend beyond legal representation and include contributing to the well-being of the communities it serves.

Each year, the firm hosts an annual charity picnic that raises funds for local nonprofits and students. This event brings together families, local organizations, and community members to support programs that address education, public safety, and essential services. The proceeds are directed toward initiatives that provide tangible benefits to those in need.

In 2022, the firm expanded its efforts by establishing the Burress Community Foundation. The foundation focuses on providing scholarships and grants to support youth development, first responders, and community improvement projects. These contributions are intended to create long-term opportunities and strengthen local resources.

Through these efforts, Burress Injury Law continues to invest in the Sherman community in meaningful ways, supporting programs that promote growth, stability, and access to resources for individuals and families.

Billing and Attorney's Fees for Wrongful Death Cases

Our firm represents clients in wrongful death cases on a contingency fee basis. This means that attorney’s fees are only collected if compensation is recovered. This structure allows families to pursue a claim without paying upfront legal costs.

We also offer free consultations to discuss the details of a case and explain available legal options. During this process, we provide clear information about how fees are handled and what clients can expect moving forward.

Where Can You File a Wrongful Death Lawsuit in Sherman?

When settlement negotiations prove to be unproductive, you may still have options to recover compensation. Our firm can represent you in a lawsuit to fight for the compensation that you deserve. These lawsuits are handled with the 59th District Court located at: