Losing a loved one is devastating. When that loss results from someone else’s negligence or wrongdoing, the pain becomes even more unbearable. Beyond the emotional grief, families face mounting medical bills, funeral expenses, and lost financial support.

Texas law recognizes that certain family members deserve compensation when a loved one dies due to another party’s actions. Wrongful death claims provide a legal path to hold responsible parties accountable and secure financial support for surviving family members.

According to the Centers for Disease Control and Prevention, preventable injuries are a leading cause of death in the United States. Many of these deaths result from car accidents, medical malpractice, workplace incidents, and defective products. When negligence causes these tragedies, families have legal options.

Understanding wrongful death claims helps grieving families navigate difficult decisions during an incredibly painful time. This guide explains your rights, the legal process, and how to seek justice for your loved one.

KEY TAKEAWAY: Texas wrongful death claims allow surviving spouses, children, and parents to seek compensation when a loved one dies due to someone else’s negligence. You have two years from the date of death to file a lawsuit.

What Constitutes a Wrongful Death in Texas?

A wrongful death occurs when someone dies because of another party’s negligent, reckless, or intentional actions. Texas law allows certain family members to pursue compensation through wrongful death lawsuits.

The key element is that the death resulted from wrongful conduct. If your loved one would have had a personal injury claim had they survived, their family may have a wrongful death claim.

Common causes include:

• Motor vehicle accidents – Drunk driving, distracted driving, and reckless behavior kill thousands each year. Car accidents, truck collisions, and motorcycle crashes often prove fatal
• Medical malpractice – Surgical errors, misdiagnosis, medication mistakes, and birth injuries
• Workplace accidents – Construction accidents, industrial incidents, and hazardous material exposure
• Defective products – Faulty auto parts, dangerous drugs, defective medical devices
• Premises liability – Slip and falls, swimming pool drownings, inadequate security
• Nursing home abuse – Bedsores, malnutrition, medication errors, physical abuse

Who Can File a Wrongful Death Claim in Texas?

Texas law strictly limits who can bring wrongful death claims. Only certain family members have legal standing to file.

Surviving spouses have the right to file wrongful death claims for their deceased husband or wife. This applies to legal spouses at the time of death.

Children of the deceased can file claims. This includes biological children, adopted children, and in some cases, stepchildren who can prove dependency.

Parents can file claims when their child dies. This right exists regardless of the child’s age at death.

These family members must file their own claims. They cannot file on behalf of each other. If multiple family members want to pursue claims, they can file together or separately.

The personal representative of the estate can file if eligible family members don’t file within three months. However, any recovery goes to the family members, not the estate.

KEY TAKEAWAY: Only surviving spouses, children, and parents can file wrongful death claims in Texas. Each family member must file their own claim for their individual losses. Siblings, grandparents, and other relatives generally cannot file.

Damages Available in Texas Wrongful Death Cases

Texas law allows recovery for various losses suffered by surviving family members. Understanding available damages helps families assess their claims.

Loss of financial support compensates for income the deceased would have provided. This includes current earnings and future earning capacity.

Loss of inheritance recognizes that the deceased would have accumulated wealth over their lifetime. Family members can recover for the estate they would have inherited.

Loss of companionship and society addresses the emotional relationship loss. The value of love, companionship, comfort, and protection cannot be measured in dollars, but Texas law recognizes these losses deserve compensation.

Loss of household services covers the value of services the deceased provided. Childcare, home maintenance, financial management, and other contributions had real economic value.

Mental anguish damages recognize the emotional pain and suffering surviving family members endure. The grief, sorrow, and psychological impact of losing a loved one warrants compensation.

Loss of parental guidance applies when a parent dies. Children lose advice, counsel, education, and nurturing that shapes their development.

Medical and funeral expenses incurred before death can be recovered. Emergency treatment, hospital stays, and funeral costs often create significant financial burdens.

KEY TAKEAWAY: Wrongful death compensation includes both economic damages (lost income, inheritance, medical bills) and non-economic damages (mental anguish, loss of companionship, loss of parental guidance). Each family member recovers individually for their own losses.

The Wrongful Death Claims Process

Understanding the legal process helps families know what to expect. While every case differs, most follow similar steps.

Consultation with an attorney should happen quickly. Texas imposes strict deadlines for filing claims. An experienced wrongful death lawyer evaluates your case, explains your rights, and outlines the legal process.

Investigation involves gathering evidence to prove liability and damages. Attorneys obtain accident reports, medical records, witness statements, and expert opinions. Thorough investigation builds strong cases.

Filing the lawsuit initiates the legal process. The complaint identifies the defendants, describes the wrongful conduct, and demands compensation. Texas requires filing within two years of the death in most cases.

Discovery allows both sides to gather information. Written questions, document requests, and depositions help each party understand the evidence and prepare for trial.

Settlement negotiations occur throughout the process. Many wrongful death cases settle before trial. Attorneys negotiate to secure fair compensation without the uncertainty and stress of trial.

Mediation may be required or voluntary. A neutral third party helps both sides reach agreement. Mediation often leads to settlement when direct negotiations stall.

Trial becomes necessary when settlement isn’t possible. A jury hears evidence, determines liability, and awards damages. While trials involve risk, they sometimes produce larger verdicts than settlement offers.

Time Limits for Filing Wrongful Death Claims

Texas law imposes strict deadlines that can bar claims filed too late. The statute of limitations generally gives families two years from the death date to file wrongful death lawsuits.

This deadline is firm. Courts dismiss claims filed even one day late. While some exceptions exist, relying on exceptions is risky. Starting the legal process early protects your rights.

Early action also preserves evidence. Witnesses’ memories fade. Physical evidence disappears. Security footage gets deleted. Starting an investigation quickly strengthens your case.

KEY TAKEAWAY: Texas wrongful death lawsuits must be filed within two years of the death. This deadline is strictly enforced. Missing it eliminates your ability to seek compensation. Contact an attorney immediately after losing a loved one to negligence.

Proving Liability in Wrongful Death Cases

Successful claims require proving the defendant’s wrongful conduct caused the death. The burden of proof is lower than criminal cases but still requires strong evidence.

Duty of care means the defendant had a legal obligation to act reasonably. Drivers must follow traffic laws. Doctors must meet medical standards. Property owners must maintain safe premises.

Breach of duty shows the defendant violated that obligation. Specific evidence demonstrates how they failed to act reasonably.

Causation links the breach directly to the death. You must prove the wrongful conduct actually caused or substantially contributed to the fatal injuries.

Damages must be demonstrated. Medical records, financial documents, expert testimony, and family member statements establish the losses suffered. Different types of cases require different evidence. Car accident cases need police reports and accident reconstruction.

According to wrongful death law principles, these cases serve both compensation and deterrence functions. Holding parties accountable prevents future deaths by encouraging safer behavior.

Why Wrongful Death Cases Require Experienced Attorneys

These cases involve complex legal and emotional challenges. Attempting to handle them without experienced counsel puts families at significant disadvantage.

Defendants have substantial resources. Insurance companies, corporations, and their legal teams will aggressively defend claims. They have nearly unlimited budgets to fight cases.

Valuing claims is complicated. Calculating loss of financial support over decades requires economic expertise. Quantifying emotional losses challenges even experienced attorneys.

Investigation must be thorough. Obtaining necessary evidence requires knowledge, resources, and persistence. Attorneys issue subpoenas, depose witnesses, and hire experts.

Trial preparation is extensive. If settlement isn’t possible, trying wrongful death cases requires significant skill. Presenting evidence, examining witnesses, and arguing to juries demands courtroom experience.

KEY TAKEAWAY: Wrongful death cases require experienced legal representation. Defendants have substantial resources and aggressive defense teams. An attorney investigates your case, values your claim accurately, and fights for maximum compensation.

Moving Forward After Losing a Loved One

Nothing can replace the person you lost. No amount of money brings them back. But wrongful death claims serve important purposes beyond compensation.

Financial security helps surviving family members maintain stability. Medical bills, funeral costs, and lost income create severe hardship.

Accountability matters to many families. Holding responsible parties accountable validates your loss.

Prevention motivates some families to pursue claims. When companies pay for negligence, they implement changes to prevent future incidents.

Closure comes differently for everyone. For some families, pursuing legal claims helps process grief.

If you’ve lost a loved one due to someone else’s negligence, contact Lee, Gober & Reyna for a free consultation. We’ll listen to your story, explain your legal rights, and help you understand what compensation you may be entitled to receive.

We work on a contingency fee basis. You don’t pay attorney fees unless we successfully recover compensation. Our experienced team will handle every aspect of your claim while treating your family with the compassion and respect you deserve.

CONTACT LEE, GOBER & REYNA: Free consultation • No fees unless we win • Compassionate legal support for Texas families • Call today to discuss your wrongful death claim.

Frequently Asked Questions About Texas Wrongful Death Claims