What Is Wrongful Death? A Clear Guide for Texas Families

Key Takeaways for Wrongful Death

• The surviving spouse, children, and parents of the deceased have the legal standing to file a wrongful death claim.
• A successful claim establishes that the defendant’s actions directly caused the death and resulted in measurable damages for the family.
• Families may file a wrongful death lawsuit for losses like lost earning capacity, mental anguish, and loss of companionship.
• There is a strict two-year time limit, or statute of limitations, to file a wrongful death lawsuit in Texas.

What Is Wrongful Death in Texas?

The core of a wrongful death case is establishing that one party’s actions directly led to another person’s death. The Texas wrongful death statute provides a legal path for families to hold negligent parties accountable. 

This law applies when the deceased person, had they survived, would have been able to file a personal injury claim themselves. Think of it as a personal injury claim that the deceased cannot pursue, so the right to take legal action passes to their immediate family. 

The purpose of this law is to compensate the family members for the profound personal and financial losses they suffer because of their loved one’s passing. 

These claims are entirely separate from any criminal charges the defendant might face. A wrongful death case is a civil action focused on securing financial compensation for the surviving family. 

Establishing Liability in a Wrongful Death Case

To succeed in a wrongful death claim, you and your attorney must prove that the defendant is legally responsible for your loved one’s death. You must show that the defendant’s actions were not accidental but negligent or intentionally harmful.

1. The Duty of Care

First, you must show that the defendant owed your loved one a duty of care. This is a legal obligation to act with a certain level of caution to avoid harming others. 

For example, all drivers on Corpus Christi roads have a duty to operate their vehicles safely and follow traffic laws to protect others on the road.

2. Breach of Duty

Next, you must prove that the defendant breached, or violated, that duty of care. A driver who runs a red light on Ayers Street or texts while driving on the Crosstown Expressway has breached their duty to operate their vehicle safely. 

In a medical setting, a doctor who fails to diagnose a life-threatening condition that other doctors would have caught has breached their professional duty of care.

3. Causation Linking the Breach and Death

After proving a breached duty, your lawyer must connect that breach directly to your loved one’s death. The defendant’s careless action must be the direct and foreseeable cause of the fatal incident. 

4. Demonstrable Damages Suffered by the Family

Finally, you must show that you and your family have suffered verifiable damages as a result of the death. These damages aren’t just financial; they include emotional and personal losses. All of your damages form the basis of the compensation you seek.

Common Incidents Leading to Wrongful Death Claims

Wrongful death can result from almost any type of negligent or intentional act—a wrongful death attorney who sees how carelessness can lead to tragic, life-altering outcomes in everyday situations. 

These devastating events frequently happen in situations such as:

• Traffic Accidents: Collisions involving cars, motorcycles, or commercial trucks on highways like I-37 or SH 286 are a leading cause. Common forms of driver negligence include drunk driving, distracted driving, or reckless speeding.
• Workplace Incidents: Accidents on construction sites, oilfields, or industrial facilities often stem from a lack of proper safety equipment, training, or supervision.
• Premises Liability: Property owners who fail to fix a dangerous condition, like a broken stair or inadequate security, can be held liable if someone is fatally injured on their property.
• Medical Malpractice: Fatal errors by doctors, surgeons, or hospital staff, such as misdiagnosis, surgical mistakes, or incorrect medication, can be grounds for a wrongful death claim.

Damages You May Recover in a Texas Wrongful Death Claim

The goal of a wrongful death claim is to provide financial relief to the family for the immense losses they have endured. While no amount of compensation can replace a loved one, it can provide stability and a sense of justice. Knowing when to hire a lawyer can help ensure your family takes action in time to secure these damages and protect your right to compensation.

The types of compensation a family may seek include:

• Lost Earning Capacity: This covers the income the deceased would have earned and contributed to the family’s financial support throughout their expected lifetime.
• Medical Bills: You may recover damages for the cost of all medical care your loved one received for their final injury before they passed away.
• Funeral and Burial Expenses: This compensates the family for the direct costs associated with your loved one’s funeral, burial, or cremation services.
• Loss of Household Services: This payment covers the value of the tasks the deceased performed, such as childcare, home maintenance, and financial management.
• Lost Inheritance: Your claim may include the amount the deceased would have likely saved and left to their heirs as part of their estate had they lived a full life.
• Pain and Mental Anguish: This compensates eligible family members for their own profound grief, sorrow, and emotional suffering caused by the loss.
• Loss of Companionship and Society: Your family may pursue payment for the loss of the deceased’s presence, love, comfort, and guidance in the family’s life.

Exemplary Damages

In select cases where the defendant’s actions were particularly reckless or malicious, a court may award exemplary or punitive damages. These damages aren’t meant to compensate the family for their losses, but rather to punish the wrongdoer and deter similar behavior in the future.

Wrongful Death Claims vs. Survival Actions

When considering a wrongful death claim, you may encounter a different term: survival action. While related, these are two distinct legal claims under Texas law that address different harms. Families may be able to pursue both claims simultaneously.

Surviving family members may file a wrongful death claim to compensate them for the personal losses they have suffered, such as the loss of financial support, emotional companionship, and mental anguish. 

In contrast, the deceased person’s estate may bring a survival action to recover damages that the deceased themselves would have been able to claim had they survived. These damages may include their own pain and suffering before death, medical expenses, and funeral costs.

The Texas Statute of Limitations for Wrongful Death

Families must act within a specific timeframe to protect their right to file a wrongful death claim. In Texas, the statute of limitations for wrongful death is generally two years from the date of the person’s death. 

If a lawsuit isn’t filed within this period, the family will likely lose their right to seek compensation forever. While there are very limited exceptions that can sometimes extend this deadline, it’s always best to speak with an attorney as soon as possible. 

How a Lawyer Helps With a Wrongful Death Claim

Handling a wrongful death claim in Texas requires extensive legal knowledge, resources, and experience. An attorney advocates for your family’s interests at every stage, lifting the legal burden from your shoulders so you can focus on healing together. 

Here is how a dedicated personal injury attorney helps your family:

• Thorough Investigation: Your lawyer will immediately undertake an independent investigation to gather and preserve crucial evidence, identify all at-fault parties, and speak with witnesses.
• Calculating Full Damages: An attorney works with financial professionals and other professionals to accurately assess the full scope of your family’s lifetime losses.
• Navigating Legal Procedures: Your legal team handles all paperwork, court filings, and communications, and meets all legal deadlines.
• Negotiating With Insurers: Attorneys handle all communication with insurance companies and their lawyers, protecting you from tactics designed to minimize or deny your claim.
• Aggressive Representation: If a fair settlement offer isn’t available, your attorney can take your case to trial and present a powerful argument to a judge and jury.

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