Wrongful Death FAQ

A wrongful death claim in Texas is a civil lawsuit brought when a person dies due to the negligence, carelessness, or intentional act of another person or entity. These claims allow the surviving family members to seek compensation for the financial and emotional losses they have suffered as a result of their loved one's death. Wrongful death claims can arise from car accidents, truck accidents, medical malpractice, workplace accidents, defective products, and many other situations. The claim is separate from any criminal charges that may be filed. Our compassionate attorneys can guide your family through this difficult process and fight for the justice your loved one deserves.

Under Texas law, only certain family members have the legal right to file a wrongful death lawsuit. The surviving spouse, children (including adopted children), and parents of the deceased person are eligible to bring a wrongful death claim. These eligible family members can file individually or together as a group. If no eligible family member files a wrongful death lawsuit within three months of the death, the personal representative of the deceased person's estate may bring the claim on behalf of the estate. Our attorneys can help you determine who has standing to file and guide you through the legal process during this incredibly difficult time.

Compensation in a Texas wrongful death case may include the loss of the deceased person's earning capacity and future income, loss of companionship and consortium, mental anguish and emotional suffering of the surviving family members, loss of care and guidance that the deceased would have provided, and funeral and burial expenses. The goal of these damages is to compensate the family for both the financial and emotional impact of losing their loved one. Each family member's damages are calculated individually based on their unique relationship with the deceased. Our attorneys will work with economic experts and other professionals to ensure your family receives full and fair compensation.

In Texas, the statute of limitations for wrongful death claims is two years from the date of the deceased person's death. If you do not file a lawsuit within this two year period, you will likely lose your right to seek compensation entirely. While two years may seem like a long time, building a strong wrongful death case requires extensive investigation, expert analysis, and careful preparation. Grieving families often understandably delay seeking legal help, but early action is essential to preserve evidence and protect your rights. Contact our firm as soon as you are ready so we can begin building the strongest possible case for your family.

A survival action and a wrongful death claim are two distinct legal causes of action that often arise from the same incident. A wrongful death claim compensates the surviving family members for their own losses, such as lost companionship, mental anguish, and lost financial support. A survival action, on the other hand, represents the claims the deceased person would have had if they had survived, including pain and suffering they experienced before death, medical expenses incurred before death, and any other damages personal to the deceased. Both claims can be pursued simultaneously to maximize the family's total recovery. Our attorneys can advise you on which claims apply to your situation.