Losing someone unexpectedly because of another person’s actions is a life-altering experience. Families left behind often struggle to pick up the pieces. Besides the grief, many also deal with lost income, unpaid medical bills, funeral expenses, and sudden gaps in daily support. These consequences can place a heavy strain on everyone involved.
Understanding wrongful death claims gives families a path forward. It helps them hold others accountable and seek a recovery that addresses the full impact of the loss. A wrongful death claim may never undo what happened, but it can help with the road ahead.
If someone you love died because of someone else’s decisions or carelessness, you may have the right to take legal action. Speaking with a wrongful death lawyer near you can help you explore your legal options. Many offer a free consultation.
What Is a Wrongful Death Claim?
Texas law allows a wrongful death claim when a person dies because of someone’s “wrongful act, neglect, carelessness, unskillfulness, or default.” That could mean a crash, a violent act, or even a workplace accident. The key is that the person would have had a personal injury claim if they had lived.
When Does a Death Become “Wrongful” Under the Law?
Not every unexpected death qualifies. The law requires proof that the death happened because someone didn’t act the way a reasonable person would. For example, a driver running a red light or a company ignoring a safety hazard might lead to a wrongful death claim. A death caused by illness, unless tied to someone’s harmful action, usually wouldn’t qualify.
Difference Between Wrongful Death and Criminal Cases
Criminal cases punish people for breaking the law. The government brings those cases. Wrongful death cases are civil lawsuits, which means the family files them to seek money for damages. The same event can lead to both. For instance, a drunk driver might face criminal charges and also be sued in civil court by the victim’s family.
Common Causes of Wrongful Death
Wrongful death claims happen in many ways. Some accidents occur in traffic, while others happen at work, on someone else’s property, or in hospitals.
Car Accidents
Car crashes are one of the leading causes of wrongful death claims. These often involve distracted drivers, speeding, failure to yield, or reckless behavior.
Truck Accidents
Collisions with large trucks can be deadly, especially when drivers or trucking companies ignore safety rules. Overloaded cargo, driver fatigue, or poor maintenance often play a role.
Motorcycle Accidents
Motorcyclists have far less protection than drivers in cars. When others fail to watch for bikes or drive carelessly, the results can be tragic.
Pedestrian Accidents
Drivers who fail to stop at crosswalks, speed through neighborhoods, or ignore traffic signals often cause pedestrian deaths. Children and older adults are especially at risk.
Drunk Driving Accidents
Driving under the influence remains one of the most dangerous behaviors on the road. Alcohol or drug use slows reaction times and leads to poor choices behind the wheel.
Rideshare Accidents
Rideshare drivers for companies like Uber and Lyft sometimes cause accidents while distracted or rushing between rides. These cases often involve several insurance companies and require careful investigation.
Dog Bites
Some dog attacks turn deadly, especially when children or older adults are involved. Owners who fail to control dangerous dogs may be held responsible for fatal injuries.
Slip & Fall Accidents/Premises Liability
Property owners have a duty to fix or warn about hazards. Deadly falls or injuries can happen when they don’t repair broken steps, remove ice, or post warning signs.
Brain Injuries/TBIs
Some people survive an accident but later die from traumatic brain injuries. This includes blunt force trauma from a crash, fall, or object striking the head.
Who Can File a Wrongful Death Lawsuit?
When someone dies because of another person’s actions or carelessness, the law gives certain family members the right to file a wrongful death lawsuit. This right doesn’t extend to everyone who knew the person. Only specific people can take legal action, and the rules vary by state. In Texas, the law clearly outlines who can bring this type of claim.
Spouse, Children, and Parents
- A spouse includes someone legally married to the person at the time of death. This also includes common-law spouses if the relationship meets Texas legal requirements.
- Children may include biological or legally adopted children. Stepchildren, unless formally adopted, usually don’t qualify.
- Parents include biological and adoptive parents. If both are alive, they may file together or separately.
What Happens If the Family Doesn’t File?
If no spouse, child, or parent files a wrongful death claim within three months of the death, the personal representative of the deceased’s estate (also called an executor or administrator) can file the claim instead. However, if a surviving family member actively objects to this, the representative may not move forward.
Can Siblings or Other Relatives File?
No. In Texas, siblings, grandparents, cousins, and other relatives who aren’t the spouse, child, or parent of the deceased cannot file a wrongful death claim. Even if they were very close to the person who died, the law does not give them legal standing in this type of case.
Can More Than One Person File?
Yes. Multiple eligible family members can file a wrongful death lawsuit together. Often, families choose to pursue the claim as a group, especially when they all suffer from the loss in different ways. The court may divide any damages based on the level of loss each person experienced.
What If the Family Member Lives Out of State?
Living in another state doesn’t prevent a spouse, child, or parent from filing a wrongful death lawsuit in Texas. What matters is their relationship to the deceased and whether the death occurred under Texas jurisdiction.
Types of Damages Available in Wrongful Death Cases
Family members can pursue money for a variety of losses after a wrongful death. The court looks at how the death affected the family both financially and emotionally.
Economic Damages and Lost Income
These damages include the income the person would have earned if they’d lived. This can also include lost benefits like health insurance or retirement contributions.
Medical and Funeral Expenses
Many families are left with medical bills from the accident and hospital care, along with funeral and burial costs. These expenses can be recovered through a wrongful death claim.
Pain and Suffering Compensation
This refers to the emotional impact on surviving family members. While no one can place a dollar amount on grief, courts allow recovery for this deep personal loss.
Loss of Companionship and Consortium
Family members may also recover for the loss of love, support, guidance, and companionship. This is especially meaningful in the case of a lost spouse or parent.
What Evidence Is Needed to Prove a Wrongful Death Case?
Wrongful death cases require solid proof to succeed. Evidence builds the link between the other party’s actions and the person’s death.
Medical Records and Expert Testimony
Medical documentation can help show the cause of death and link it to the accident or event. Sometimes, doctors or other professionals offer testimony to explain how the death occurred.
Accident Reports and Investigation Documentation
Police reports, incident reports, and scene investigations often contain key facts. These can show who was responsible and whether any laws were broken.
Financial Records and Income Proof
Pay stubs, tax returns, and employment records help calculate the person’s earnings and benefits. This supports claims for lost income and economic losses.
Witness Statements and Professional Analysis
Eyewitnesses, accident reconstruction specialists, and others may provide helpful insight into what happened. Their observations can fill in gaps and confirm your version of events.
Statute of Limitations for Wrongful Death Claims
Every wrongful death case comes with a deadline. Filing too late can mean losing the right to bring a claim altogether.
Time Limits by State (Use Texas as an Example)
In Texas, families typically have two years from the date of death to file a wrongful death lawsuit. Waiting too long means the court will likely dismiss the case.
Discovery Rule Exceptions
Sometimes, the cause of death isn’t known right away. In those cases, the deadline might start when the family discovers the wrongful act. This rule is narrow and doesn’t apply in most situations.
Consequences of Missing Deadlines
Missing the filing deadline usually ends the case. Courts rarely allow late claims, even with strong evidence. Acting quickly helps avoid problems with missing documents, fading memories, or uncooperative insurance companies.
How Can a Wrongful Death Attorney Help Your Case?
Many families aren’t sure where to begin or how to deal with insurance adjusters or legal procedures. That’s where an attorney can make a big difference.
Investigation and Evidence Gathering
Attorneys often work with investigators to gather records, talk to witnesses, and preserve key evidence. Quick action helps prevent important details from getting lost.
Negotiating with Insurance Companies
Insurance companies may downplay losses or offer less than what the family should receive. An attorney can take the lead in demanding a proper settlement that reflects the full impact of the death.
Courtroom Representation and Trial Experience
If the at-fault party or insurer refuses to settle reasonably, an attorney can take the case to trial. Preparation and courtroom skill help present the case clearly and effectively to a judge or jury.
Maximizing Compensation Recovery
Attorneys often see the full picture, including future financial losses, emotional strain, and lost companionship. That allows them to seek a full and fair recovery, not just short-term costs.
Handling Complex Legal Procedures
From filing deadlines to legal arguments, wrongful death cases involve detailed legal work. An attorney helps take care of the paperwork and formal steps so you can focus on your family.
Why Our Attorneys Are the Right Choice
At AMS Law Group, we understand what families go through after the loss of a loved one. Our Texas wrongful death attorneys bring experience, dedication, and a deep commitment to our clients. We take the time to listen, understand your goals, and build a strong case from start to finish.
Our team handles everything from investigating the accident to dealing with insurance companies to preparing for trial when needed. We work on a contingency fee basis, which means you don’t pay upfront. We only get paid if we recover money for your case.
Our firm has helped many families across Texas move forward after a wrongful death. We focus on delivering personal service, detailed legal work, and meaningful results.
FAQs About Wrongful Death Claims
How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys work on a contingency fee. That means no payment is required upfront. Instead, they take a percentage of the recovery after the case is resolved.
Can I file a wrongful death claim if there’s already a criminal case?
Yes. A criminal case and a wrongful death lawsuit are separate. Even if someone is charged or convicted, the family can still bring a civil lawsuit for damages.
What if the deceased was partially at fault for the accident?
Texas follows a rule called “modified comparative fault.” If the deceased was less than 51% responsible, the family can still recover damages, though the amount may be reduced.
How long does a wrongful death case typically take?
It depends. Some cases settle in a few months. Others may take a year or more, especially if the case goes to court. Factors include the amount of evidence, the other side’s cooperation, and the complexity of the legal issues.
Can wrongful death settlements be appealed?
Once a settlement is agreed upon and signed, it usually can’t be appealed. If the case goes to trial, either side may appeal the court’s decision under certain legal grounds.
Let Our Wrongful Death Lawyers in Texas Help
If you’ve lost someone due to another person’s actions, timing matters. Texas law places strict limits on when wrongful death cases can be filed. Waiting too long can cost you the chance to take legal action.
AMS Law Group offers free consultations. You can speak to a personal injury lawyer at no cost to find out if you have a case. Our no-recovery, no-fee structure means you don’t owe anything unless we recover money for your claim.
Our attorneys have handled many wrongful death cases and understand the process from beginning to end. We’re ready to help you take the next step and pursue the recovery your family needs to move forward.
Contact us today to schedule a free consultation. Let us help you take that first step toward accountability and financial recovery.