When Negligence Takes a Life
No amount of money can replace a loved one. But when a family member is killed because of someone else's negligence, recklessness, or intentional act, Texas law provides surviving family members with the right to hold the responsible parties accountable. A wrongful death lawsuit seeks compensation for the devastating financial and emotional losses the family has suffered and sends a message that the community will not tolerate conduct that costs innocent people their lives.
The Texas Wrongful Death Statute
Texas wrongful death law is governed by Chapter 71 of the Texas Civil Practice and Remedies Code. Under this statute, a wrongful death claim arises when a person's death is caused by the "wrongful act, neglect, carelessness, unskillfulness, or default" of another. In simpler terms, if the deceased person would have had a valid personal injury claim had they survived, the surviving family members may bring a wrongful death claim based on the same conduct.
Who Can File a Wrongful Death Lawsuit in Texas
Texas law limits wrongful death claims to specific family members. Only the surviving spouse, children (including adopted children), and parents of the deceased person have the legal right to bring a wrongful death action. These family members can file individually or together as a group.
If none of these family members file a wrongful death claim within three months of the death, the personal representative of the deceased person's estate may file the claim on behalf of the statutory beneficiaries, unless a beneficiary has specifically requested in writing that no claim be filed.
It is important to note that siblings, grandparents, and other extended family members do not have standing to bring a wrongful death claim under Texas law, even if they were closely involved in the deceased person's life.
Types of Damages in a Texas Wrongful Death Case
Wrongful death damages in Texas fall into several categories, each designed to compensate the surviving family for distinct aspects of their loss.
Loss of Financial Support
The deceased person's income, benefits, and earning capacity that the family has been deprived of. This includes both current lost income and the future financial support the deceased would have provided over their expected working life.
Loss of Companionship and Society
The emotional and relational losses the surviving family members have suffered. This includes the loss of love, comfort, companionship, guidance, advice, and the shared experiences that can never be replaced.
Loss of Household Services
If the deceased person contributed to the household by caring for children, maintaining the home, or performing other domestic services, the family can recover the value of those services.
Mental Anguish
The severe emotional pain and suffering experienced by the surviving family members as a result of their loved one's death. Mental anguish damages recognize the profound psychological impact of losing a spouse, parent, or child.
Loss of Inheritance
The value of the estate that the surviving family members would have inherited had the deceased lived a natural lifespan.
Funeral and Burial Expenses
The reasonable costs of the deceased person's funeral, burial, or cremation.
Survival Actions in Texas
In addition to a wrongful death claim, Texas law also allows a "survival action." While a wrongful death claim compensates the surviving family for their losses, a survival action compensates the deceased person's estate for the pain, suffering, and damages the deceased experienced between the time of injury and the time of death. If the deceased person suffered for hours, days, or weeks before passing, the survival action recovers damages for that period of conscious pain and suffering, as well as medical expenses incurred during that time.
The survival action is brought by the personal representative of the deceased person's estate and the proceeds become part of the estate, to be distributed according to the deceased person's will or under Texas intestacy laws.
Statute of Limitations
In Texas, the statute of limitations for a wrongful death claim is generally two years from the date of the deceased person's death. Missing this deadline almost always means losing the right to file a claim entirely. Because wrongful death cases require extensive investigation, evidence gathering, and expert analysis, it is critical to contact an attorney as soon as possible to ensure your family's rights are protected.
Common Causes of Wrongful Death
Wrongful death lawsuits in Texas arise from many types of incidents. Car accidents, truck accidents, motorcycle crashes, workplace accidents, medical malpractice, defective products, premises liability incidents, and criminal acts can all give rise to wrongful death claims. In each case, the core question is whether the death was caused by someone else's failure to act with reasonable care or follow established safety standards.
Accountability Protects the Community
When a family files a wrongful death lawsuit, they are doing more than seeking compensation for their own devastating loss. They are holding the responsible parties accountable for conduct that took a life and demanding that the same dangerous behavior not be repeated. Whether the death was caused by a distracted truck driver, a negligent property owner, a reckless motorist, or a corporation that prioritized profits over safety, the wrongful death lawsuit is the community's mechanism for enforcing the most fundamental safety rule of all. You are not allowed to engage in conduct that needlessly costs someone their life.
Contact Medina & Medina for a Free Consultation
If your family has lost a loved one due to someone else's negligence in Texas, we understand the grief and confusion you are facing. The legal process may feel overwhelming, but you do not have to face it alone. Call Medina & Medina at (512) 883-0012 for a free, compassionate consultation. We work on contingency, which means your family pays nothing unless we recover compensation. We will fight to honor your loved one's memory and hold the responsible parties accountable.
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