Wrongful Death Lawyer in Midlothian, TX

Losing a family member is never easy. When someone close dies in an accident caused by another person, your sadness is often tinged with anger, confusion, and frustration. You likely have legal options, but it’s easy to get overwhelmed by a tragedy.

If you feel brokenhearted or crushed in spirit after losing a family member, Hodges Law is here to help. Our firm offers support and legal guidance to Ellis County families in their time of mourning. We’ll be your rock as you go through a dark and difficult time.

John W. Hodges, Jr. is ready to listen. For a free case review with a battle-tested and trial-proven wrongful death lawyer, contact our Midlothian law firm today. John has litigated this difficult area of law, which requires experience in probate law. Let his experience and courtroom passion help your family. You can reach Hodges Law by phone at (972) 797-9969.

Who Can File a Wrongful Death Lawsuit in Texas?

Wrongful death claims allow family members and dependents to seek compensation from the person or party responsible for a loved one’s death. Under Texas state law, you can file a wrongful death lawsuit if you are:

The surviving spouse of the deceased
The surviving child of the deceased
The surviving parents of the deceased

If none of the above parties files a wrongful death action within three months of the fatal incident, a wrongful death claim can be filed by a representative of the deceased’s estate.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

In the state of Texas, there is a two-year statute of limitations to file a wrongful death lawsuit. Once the two-year statute of limitations has expired, you will no longer be able to file suit, even if you have a legitimate legal claim.

It’s best to speak with a Midlothian wrongful death attorney as soon as possible after a fatal accident. Waiting to seek legal action could affect the availability of evidence and the overall strength of your claim.

Partial Fault and Wrongful Death Lawsuits

If your family member was partially responsible for the fatal accident, you can still file a wrongful death lawsuit. This is because Texas follows a proportionate responsibility rule.

This is a form of modified comparative negligence that allows families to seek damages as long as the deceased was 50% or less at fault. The damages received are reduced based on a person’s share of liability in a fatal accident.

An Example of Proportionate Responsibility

Say that a person was killed in a fatal motorcycle wreck on Highway 287. The jury awards the family $500,000 in damages during a wrongful death case, but they also find that the motorcyclist was 10% at fault for the fatal wreck. Because of the proportionate responsibility rule, the family would still receive $450,000 in damages.

Family members should never suggest that their loved one was partly to blame, especially around other parties involved in the incident or to the insurance company. Instead, this is something to discuss privately with a wrongful death attorney.

Why Trust Hodges Law After Losing a Family Member

John W. Hodges, Jr. is a veteran and a man of faith. He knows what it means to fight for what you believe in, and he is prepared to help your family through a difficult time and complicated legal process. Other lawyers have consulted John when they’re in a bind, and he’s always ready to lend a helping hand to colleagues and neighbors alike.

Small Town Firm with Big City Fight

With Hodges Law, you don’t have to leave Midlothian for a great wrongful death lawyer. Our firm proudly advocates for the people of Ellis County, offering the sharpness of a big city attorney with the grit and honesty of someone in a small town. John is a Texas native, and he’s ready to stand with you.

Free Case Reviews

We don’t want to take money from you during a tough time. We want to help. That’s why we offer free consultations. Let us know what happened, and we’ll let you know what steps come next. This way, you don’t have to pay anything for sound legal advice from a trusted source.

You Don’t Pay Unless We Win

At Hodges Law, we work on a contingency fee basis. That means clients don’t pay any attorney fees unless we can secure a settlement or win a jury award in court. If we don’t win, you don’t pay. With our law firm, we’ve got your back, and we won’t back down.

At Hodges Law, our team is for you, with you, and all in. To speak with a Midlothian wrongful death attorney who cares, contact our law firm today. You can also request a free case review by calling (972) 797-9969.

Fatal Motor Vehicle Wrecks

Our team has helped many families seek compensation after fatal crashes. According to crash data from the Texas Department of Transportation (TxDOT), there were 4,150 fatal accidents in the state in 2024. To put that number into perspective, that’s one death in Texas every 127 minutes. Focusing on our part of the Metroplex, there were 41 fatalities recorded in Ellis County in 2024.

We live here and know just how dangerous the commute is on Highway 287, Highway 67, I-35, and other major roads in and around the Metroplex. Hodges Law is ready to help you if you’ve lost a family member in any type of fatal auto wreck.

Fatal Car Crashes: Even though Midlothian is a small town, there are still numerous fatal wrecks involving cars, pickups, and SUVs. These crashes could be due to speeding, reckless driving, or texting while driving. In fact, the TxDOT found that 380 accident deaths statewide were caused by distracted driving in 2024.
Fatal Drunk Driving Accidents: Getting behind the wheel under the influence of any controlled substance puts countless lives at risk. According to the TxDOT, drunk driving caused 1,053 fatal accidents in 2024. Hodges Law wants to keep everyone in Ellis County safe, and we will hold drunk and intoxicated drivers accountable for their actions.
Fatal Motorcycle Crashes: Motorcyclists are extremely vulnerable to fatal injuries, even if they’re wearing a helmet and protective gear. According to the TxDOT, 585 motorcyclists were killed in 2024. Our Midlothian wrongful death lawyers can help families seek compensation after losing someone in a fatal motorcycle crash.
Fatal 18-Wheeler Crashes: Midlothian commuters need to exercise additional caution around big rigs. These vehicles have massive blind spots on all sides, and the truckers behind the wheel may be tired after long hours spent on I-35 or I-20. When collisions occur, the injuries are often catastrophic if not fatal.
Fatal Pedestrian Accidents: People on foot need to be careful at intersections and along the side of the road, especially at night. There were 768 pedestrian deaths in Texas in 2024. These kinds of accidents are especially heartbreaking if they involve children around school zones and parks or seniors just trying to cross the street.
Fatal Bicycle Accidents: Cyclists around North Texas need to be careful while sharing the road. The TxDOT recorded 78 cyclist deaths in 2024. These tragic accidents can occur even when a cyclist is responsible and abiding by all traffic rules. Hodges Law is ready to right for families after fatal biking collisions.

Deaths on Other People’s Property

Fatal accidents don’t just happen on highways and interstates around North Texas. They can also happen at local businesses, workplaces, community spaces, and people’s homes. The business or property owner could be held liable for fatal accidents or injuries on the premises if negligence was involved.

Fatal Slip, Trip, and Fall Accidents: Many people think of fatal slips and falls in the context of workplace injuries. However, fatal slips, trips, and falls can happen anywhere in the Midlothian area if property owners and business owners aren’t careful. A broken step or lack of a guardrail could mean the difference between life and death.
Fatal Drownings and Pool Accidents: We often assume that community pools, backyard swimming pools, and local lakes are safe. Yet a lack of lifeguards or other supervision could contribute to a fatal drowning. According to the Texas Department of Family and Protective Services (DFPS), there were 103 fatal drownings involving children in 2024. These tragic numbers include 20 minors who died in the Metroplex, with fatal child drownings recorded in Ellis, Johnson, Dallas, Tarrant, Collin, and Denton counties
Fatal Electrocutions and Fires: Exposed wiring or faulty wiring is a major hazard that people have to take seriously. An exposed wire could cause fatal electrocution if someone is unfortunate enough to make contact with it. Faulty wiring at a home, business, or hotel could also cause a fire and fatal injuries from burns or smoke inhalation.
Deaths Due to Inadequate Security: Sometimes a simple security measure is all that’s necessary to prevent someone’s death. If a business in Ellis County fails to hire security or a property owner doesn’t take basic measures to protect tenants from intruders, they could be held liable for a person’s death.

Other Causes of Fatal Accidents and Injuries

In addition to fatal collisions and fatal injuries on someone else’s property, Hodges Law can provide legal help in other kinds of tragedies. Our team is here to offer comfort and strength for families that have lost a loved one because of a dangerous product, a medical professional’s negligence, or through intentional acts of violence.

No matter what caused your loved one’s death, we are here to listen. If you’re not sure if you can file a wrongful death lawsuit, give us a call to talk about what happened. During a free consultation, we will let you know about your legal options and what steps you can take next to seek justice after a senseless tragedy.

Compensation in Wrongful Death Cases

Compensation can help cover the financial losses and other hardships you’ve experienced due to the loss of a family member. While working with our law firm here in Midlothian, we will advocate for you to receive maximum compensation. We will be fierce in negotiations with the insurance company for a pre-trial settlement, and we won’t hesitate to go to court if it means we can secure more money for you and your family.

Economic Damages in Wrongful Death Cases

Economic damages refer to the concrete financial losses that are related to your family member’s death. This may include:

Funeral and burial expenses
Medical bills and emergency response to the fatal accident
Damage to a vehicle or any property during the fatal accident
Lost wages and future earnings from the deceased
Loss of other financial support for the household

Hodges Law will review all receipts, bills, paystubs, and other documents to help determine the full financial impact of your loved one’s death.

Non-Economic Damages in Wrongful Death Cases

Non-economic damages refer to the lasting emotional and psychological toll caused by a loved one’s death. These kinds of losses may be difficult to calculate, but they are still important. This may include:

Pain and suffering
Loss of a loved one’s companionship
Loss of a loved one’s parenting or mentorship
Loss of other intangible benefits the deceased provided

Hodges Law will listen closely to you and your story so we can get a full picture of how this tragedy has affected your life.

Punitive Damages in Wrongful Death Cases

Punitive damages are intended to punish the defendant in a lawsuit rather than compensate a plaintiff for their losses. These kinds of damages are not available in all wrongful death cases. To receive punitive damages, there must be clear evidence of fraud, malice, or gross negligence.

Survival Actions and the Death of a Loved One

In addition to wrongful death claims, our Midlothian law office can also provide help with survival actions. This is a separate type of legal action that seeks damages for the deceased’s estate.

How Survival Actions Differ from Wrongful Death

While they sound similar, there’s a big difference between wrongful death lawsuits and survival actions.

A wrongful death claim is filed by the surviving family members of the deceased for their losses.
A survival action is filed by the deceased’s estate for the damages they would have recovered had they survived their injuries.

To put this another way, wrongful death claims cover harm to surviving family members while survival actions cover the harm to the deceased.

How Survival Actions Affect Damages

Survival actions and wrongful death lawsuits can be filed together in the state of Texas, which can secure more compensation for the loved ones of the deceased. When you work with Hodges Law, we can explain how a survival action can benefit your family and assist you with the process.

Contact an Experienced Wrongful Death Attorney in Midlothian, TX

If you are in mourning, Hodges Law is here to provide comfort and strength during a difficult time. Our law firm is proud to stand with families throughout Ellis County when they need a fighter. For a free consultation with a trusted wrongful death lawyer near you, contact our Midlothian law office today. You can also reach us by phone at (972) 797-9969.