Author: Shelby Benavidez
Contributing Attorney: Casey Kelly, legal director
Table of contents
TL;DR: What to Know About Wrongful Death Lawsuits
- You may have a wrongful death claim if a loved one dies because of another person or company’s negligence, recklessness, or intentional actions.
- Spouses, children, and parents are usually the family members allowed to bring a wrongful death claim.
- You (and your attorney) will have to connect the responsible party’s actions or failure to act to the person’s death and the losses suffered by surviving family members in order to have a successful claim.
- Compensation may include lost income, medical and funeral expenses, loss of companionship, and other financial and emotional losses caused by the death.
- In Texas, families generally have two years from the date of death to file a wrongful death lawsuit.
Sometimes life changes in an instant. One moment, everything feels normal – you’re sharing dinner, sending a quick text, or saying goodbye before work, and then, without warning, your world is turned upside down. A phone call comes in. There’s been an accident. A loved one you thought you’d see again in a few hours is suddenly gone.
When a person dies because of someone else’s carelessness, neglect, or intentional act, families are left searching for answers and accountability. That’s where the law provides a way to move forward through what’s known as a wrongful death lawsuit.
A wrongful death claim can’t bring back the person you’ve lost, but it can help bring justice, hold the responsible party accountable, and provide financial support to those left behind. This guide will help you understand what a wrongful death lawsuit is, what types of situations it covers, how to file a claim, and what you can expect along the way.
What Is Wrongful Death?
Wrongful Death Meaning
When someone’s carelessness, recklessness, or intentional actions cause another person’s death, it’s considered a wrongful death in the eyes of the law. In these situations, the family of the deceased has the legal right to seek justice through a wrongful death lawsuit against the person or company responsible. This type of case is a civil matter, not a criminal one, though both can happen at the same time if the person at fault also faces criminal charges.
While criminal cases are meant to punish wrongdoing with penalties like fines or jail time, a civil wrongful death lawsuit focuses on helping the family recover from the financial and emotional impact of their loss. Through this process, families can pursue compensation to help cover medical expenses, funeral costs, lost wages, and the deep emotional suffering that comes with losing someone far too soon.
Examples of a Wrongful Death
Wrongful death can happen in many different situations. Car and truck accidents are among the most common causes, especially when reckless, drunk, or distracted driving is involved. Medical errors are another leading cause. When a doctor fails to diagnose a serious condition, prescribes the wrong medication, or makes a mistake in surgery, the results can be fatal.
Deaths that happen on the job may also lead to a wrongful death claim, particularly if the employer didn’t provide proper safety equipment or training. Defective or dangerous products can also be to blame – anything from a faulty airbag to unsafe machinery. Sadly, some wrongful death cases even stem from nursing home neglect or intentional harm, like an assault.
Every case is different, but the common thread is this: someone’s wrongful action (or inaction) caused a death that didn’t have to happen.
Filing and Winning a Wrongful Death Case
Can You Sue for Wrongful Death?
Not everyone can file a wrongful death lawsuit. In most states, the right belongs to close family members, like the deceased person’s spouse, children, or parents. If there are no immediate family members, the personal representative of the estate may file the lawsuit on behalf of the surviving relatives.
But not every death caused by someone else automatically leads to a wrongful death case. Your attorney will need to show that the person or company had a responsibility to act safely, failed to do so, and that their actions led to your loved one’s death.
For example, a doctor has a duty to diagnose and treat patients correctly. For example, if a doctor misdiagnoses a patient when another doctor would have caught the condition, and the patient dies as a result, the family may have a wrongful death claim.
If the lawsuit is successful, the family may receive compensation for what they’ve lost. This can include medical bills, funeral costs, lost income, and the loss of companionship and support.
But, in truth, wrongful death suits are usually never about the money. They are about helping a family rebuild their lives after their world was flipped upside down.
Chances of Winning a Wrongful Death Lawsuit
The chances of winning a wrongful death lawsuit depend on the facts of the case, the evidence available, and the lawyer leading the case. Courts look for clear proof that the negligence or intentional misconduct of the defendant was the direct cause of the other person’s death.
A skilled attorney can help build your case while sharing your unique story, illustrating how the loss has affected the lives of you and your family. While some wrongful death cases may need to go to trial to get fair compensation, most cases reach a settlement agreement before ever seeing the courtroom.
How to File a Wrongful Death Claim
Filing a wrongful death claim usually begins by picking up the phone and calling an attorney who will listen to your story and explain your rights. If you decide to move forward, your attorney will begin their investigation by gathering documents, interviewing witnesses, and collecting evidence to build the strongest possible case.
Next, a formal lawsuit is filed in civil court against the person, company, or organization responsible. From there, your attorney handles negotiations, mediations, and all communication with insurance companies. Many cases settle at this stage, but if the other side refuses to offer fair compensation, your attorney can take the case to trial. Your lawyer will handle the legal side of things so you can focus on your family and healing after your loss.
Wrongful Death Lawsuits in Texas
Average Settlement in Texas for a Wrongful Death Suit
There’s no set amount for a wrongful death settlement in Texas. Depending on the case, compensation can range from hundreds of thousands to several million dollars.
How much a family may recover depends on several things, including the age and income of the person who died, how much their family relied on them financially, and what led to their death. For example, losing a young parent who supported the family financially can have a lasting impact. That loss of income can play a role in how much the family may recover.
Other factors, like the strength of the evidence, the skill of your attorney, and the insurance policy limits of the person or company at fault also play a big role. While no amount of money can truly make up for a life lost, a fair settlement can bring financial stability and a sense of justice to grieving families.
Statute of Limitations in Texas
In Texas, families generally have two years from the date their loved one died to file a lawsuit. If you don’t file a lawsuit within that time, you may no longer be able to file a claim.
There are a few exceptions, like if the person responsible tried to hide what happened or if the person filing is a minor, but these are rare and complex. For that reason, it’s best to contact an attorney as soon as possible after a wrongful death occurs. Acting quickly ensures that evidence is preserved and that your family’s rights are protected from the start.
Contact a Wrongful Death Attorney
Navigating life after losing someone unexpectedly is already hard enough. You should be able to focus on grieving and healing, not the insurance companies, paperwork, or court deadlines. That’s where a wrongful death attorney can help.
The right lawyer can guide you through the process, answer your questions, gather evidence, and fight for fair compensation. Look for an attorney who has experience with wrongful death cases and a history of getting results for families like yours. Most personal injury attorneys work on a contingency fee basis, which means you’ll never pay anything out of pocket – your attorneys will only get paid once you win your case.
A compassionate, experienced wrongful death attorney can make all the difference. They can shoulder the legal burden so you can focus on honoring your loved one’s memory and beginning to move forward.
Key Takeaways: The Bottom Line on Wrongful Death Lawsuits
A wrongful death lawsuit can’t turn back time and reverse the loss, but it can bring accountability to the defendant and a sense of justice for the family. It can also help ease some of the financial stress that comes with losing a loved one, including bills, lost income, and concerns about your family’s future.
If you believe someone else’s negligence caused your loved one’s death, talk to a Texas wrongful death lawyer about your options. They can handle the legal side of things while you focus on your family and grieving your loss.
Frequently Asked Questions About Wrongful Death Lawsuits
Who can file a wrongful death lawsuit in Texas?
In Texas, the spouse, children, or parents of the person who died may file a wrongful death lawsuit. They can file together or separately. In some cases, the person handling the deceased person’s estate may also be able to file.
What qualifies as wrongful death?
A wrongful death happens when someone dies because of another person or company’s actions or negligence. This can happen in car and truck crashes, medical malpractice cases, workplace accidents, or cases involving dangerous products.
How much is a wrongful death lawsuit worth?
There’s no set amount for a wrongful death settlement. How much a family may recover depends on the person’s income, the support they provided to their family, what happened, the insurance coverage available, and the evidence in the case.
How long do you have to file a wrongful death lawsuit in Texas?
The statute of limitations for a wrongful death lawsuit in Texas is generally two years from the date of death. However, exceptions can affect how the deadline is calculated. Important evidence can disappear over time, so it’s a good idea to talk to an attorney long before the two-year deadline.
How long does a wrongful death lawsuit take?
Every wrongful death case is different, so there’s no way to know exactly how long yours will take. It could take several months or longer, especially if the case goes to trial. Your attorney will spend that time investigating what happened, building your case, and working to get your family the compensation you deserve.
