Author: Shelby Benavidez
Contributing Attorney: Rochelle Guiton, attorney
TL;DR: Wrongful Death Lawsuits Key Takeaways
- A wrongful death lawsuit allows surviving family members to seek compensation when their loved one dies due to someone else’s negligence or intentional harm.
- Examples of wrongful death include car accidents, medical malpractice, defective products, or workplace negligence.
- Proving wrongful death requires showing that another party’s actions directly caused the death.
- Compensation may include medical bills, funeral costs, lost income and earning capacity, and emotional suffering.
- Contacting a qualified wrongful death attorney as soon as possible will help protect your claim.
Losing a loved one is always devastating, and when that loss happens suddenly or could have been prevented, the grief can feel even more crippling. Families may be left with heartbreak, questions, uncertainty, and the overwhelming feeling that everything is falling apart. In times of grief, you may not know which way to turn.
If someone’s negligence or reckless behavior played a role in your loved one’s death, you may have the right to file a wrongful death lawsuit. In this guide, we’ll explain what a wrongful death lawsuit is, who can file a claim, how wrongful death cases work, and what types of compensation may be available. Our goal is to help you understand your rights so you can make the best choice for your family during an incredibly difficult time.
What Is Wrongful Death?
Examples of Wrongful Death
A wrongful death occurs when someone dies because of another person’s negligent actions. One of the most common examples is car, truck, and motorcycle accidents caused by distracted or impaired drivers. Other examples include medical malpractice, defective products, workplace accidents, unsafe premises, and criminal acts like assault and manslaughter.
Not only are these families dealing with a horrific loss, but they are likely struggling with funeral costs, mounting bills, and lost income. No amount of money can replace a loved one, but a wrongful death claim can help ease some of the financial burden and bring a sense of justice.
Wrongful Death Laws
Wrongful death laws vary by state. These laws establish what constitutes wrongful death, the statute of limitations, guidelines for calculating damages, including financial and non-financial losses, and who can file a wrongful death lawsuit. In most states, immediate family members, such as spouses, children, and sometimes parents, are eligible. Some states also allow extended family to seek compensation.
In Texas, wrongful death laws are outlined in the Texas Civil Practice and Remedies Code. The surviving spouse, children, and parents of the deceased have the right to file a wrongful death lawsuit. If these family members do not file within three months of the death, the executor or personal representative of the estate may file the claim unless the family requests otherwise.
Texas also has a statute of limitations of two years from the date of death to file a wrongful death lawsuit in most cases. Damages in Texas may include lost earning capacity, loss of companionship and support, mental anguish, medical expenses, and funeral costs.
How Do You Prove Wrongful Death?
In civil cases, the burden of proof falls on the plaintiff, or the person filing the lawsuit. A wrongful death case arises when a person dies as a result of another party’s wrongful act or neglect. This means the surviving family must show that another person or party had a responsibility to act with reasonable care and failed to do so through negligence. It must also be shown that this negligence directly caused the death and that the surviving family members experienced measurable losses as a result.
This may sound overwhelming, but families are not expected to figure this out on their own. An experienced wrongful death attorney can help gather evidence – including accident reports, medical records, witness statements, and expert testimony – and guide families through the process so they can focus on healing without the added stress of a legal battle.
Wrongful Death Lawsuits
What Are the Odds of Winning a Wrongful Death Lawsuit?
Some statistics say that the odds of winning a wrongful death lawsuit are around 50%, others claim to have a 99% success rate, but the truth is that there’s no universal answer when it comes to the chances of winning a wrongful death lawsuit. Every case is different, every court is different.
No ethical attorney will ever promise you a specific outcome. Even if a lawyer feels extremely confident, there’s no way to know how a jury will respond to the case.
However, working with an experienced wrongful death attorney can significantly improve your chances of a favorable outcome because they know how to build a strong case, gather the right evidence, and advocate for your family throughout the process.
How Long Do Wrongful Death Lawsuits Usually Take?
Wrongful death cases often take months, and sometimes even years, to resolve. The timeline depends on many factors, such as how complex the accident or medical situation was, how many parties are involved, whether the case settles during negotiations, and the court’s schedule if the case goes to trial. While this process can feel long and frustrating, many wrongful death cases are settled out of court, which can significantly shorten the timeline.
Contact a Qualified Wrongful Death Attorney
When you’re grieving the loss of a loved one, it can feel like the weight of the world is on your shoulders. Between managing day-to-day life and coping with your loss, the last thing you need is to be arguing with insurance companies, collecting evidence, and worrying about legal deadlines.
Let a trusted wrongful death attorney handle the legal process so you can focus on your family, your mental health, and your healing. Most wrongful death attorneys offer free consultations and operate on a no-win, no-fee basis, meaning if you don’t win your case, you don’t owe them anything.
It’s also important to shop around for an attorney you can trust. During such a difficult time, you’ll want someone who genuinely cares about you and your unique story – an attorney who understands the weight of everything you’ve lost and will fight for the full value your family deserves.
Compensation in Wrongful Death Lawsuits
What Is the Average Wrongful Death Payout?
We wish there were a standard amount of compensation after the loss of a loved one, but unfortunately, that isn’t the case. Each wrongful death case is unique, and the potential recovery depends on factors such as available insurance coverage, the circumstances of the death, and the losses your family has experienced.
It’s important to never settle for less than the full value of your claim. Fair compensation can help cover medical and funeral expenses, lost income and future earning potential, and the emotional impact of losing a loved one. An experienced wrongful death attorney can carefully evaluate your situation and help calculate damages based on your family’s specific needs.
Who Pays for Wrongful Death?
Many people assume that they are suing an individual directly – taking money from their personal pockets – when filing a wrongful death claim. This common misconception sometimes deters grieving families from pursuing a claim at all.
In reality, most wrongful death claims are paid through the defendant’s insurance coverage. For example, if a reckless driver caused the death, their auto insurance policy would cover the damages. In some cases, more than one party may share liability. Let’s say the reckless driver was driving for a trucking company. You may be able to go after both policies.
The most important thing to remember is that, no matter the final settlement or verdict, the money isn’t coming out of the pocket of a neighbor, a father, or a struggling grandmother. In most cases, it comes from the insurance companies that collect premiums from customers every month to cover exactly these kinds of situations.
Next Steps After a Wrongful Death
Losing a loved one is an incredibly painful and overwhelming experience. You don’t have to face it alone. Speaking with a wrongful death attorney can help you understand your family’s rights and explore the options available to you. Many attorneys offer free consultations, so you can get guidance and answers without worrying about the cost. While no amount of money can ease the grief, filing a lawsuit can help bring a sense of justice and closure to you and your family.
FAQs: Wrongful Death Lawsuits
Is wrongful death a criminal case?
A wrongful death lawsuit is a civil case, which means it is filed by the family to seek financial compensation. A criminal case is filed by the state to punish the person responsible, possibly with jail time or fines. A case can involve both a civil wrongful death lawsuit and a criminal case at the same time.
Is there a time limit to file a wrongful death lawsuit?
Yes. This is called the statute of limitations. In many states, including Texas, families typically have two years from the date of death to file a wrongful death lawsuit.
Do all wrongful death cases go to court?
No. Many wrongful death cases are settled outside of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, the case may go to trial.
Can a wrongful death lawsuit be filed for a car accident?
Yes. Car accidents are one of the most common causes of wrongful death claims, especially when the accident involves distracted driving, drunk driving, speeding, or other negligent behavior.
What if the person responsible didn’t mean to cause the death?
In most wrongful death cases, the defendant didn’t mean to cause anyone harm. However, they made a choice to act negligently, ignoring safety and responsibility, and should be held accountable.
