How Our Texas Wrongful Death Lawyers Can Help

Wrongful death can happen in any accident. Providing another person or party owed your loved one a duty of care and their negligent or reckless act caused their death, you can bring a wrongful death suit. Our Texas wrongful death lawyers have experience representing clients in a wide range of cases, including:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Construction accidents
• Product liability accidents
• Premises liability accidents
• Medical malpractice
• Slip and fall accidents

The pain of losing a loved one, especially in such circumstances, never goes away, but support is available as you move forward. The state may bring criminal charges against the at-fault party, and it may provide you with limited compensation in the way of restitution, but it’s unlikely to cover your expenses. However, filing a wrongful death claim allows you to recover the cost of any final medical bills and funeral arrangements and be compensated for your loss.

Who Is Liable in a Wrongful Death Case

Because wrongful death can happen in many scenarios, there’s no definitive answer to who is liable. For example, if your loved one died in a car accident caused by another driver, and that driver was speeding, they may be liable. But if the crash happened because the brakes were defective and failed, you may be able to hold the manufacturer at fault. 

Determining fault relies on evidence, but in all cases, proving negligence requires you to meet four criteria:

• That another party’s negligence or recklessness caused the death
• That the party owed the deceased a duty of care
• That this duty was breached (via a negligent or reckless act)
• That you are suffering monetary injury as a result of the death.

A duty of care is a legal obligation to ensure the safety and wellbeing of others. It can be as simple as providing a safe work environment, safety-testing products before they are sold to the public, or following state traffic laws.

For example, doctors have a duty of care to look after the health of their patients. Likewise, anyone driving on the road has a duty of care to drive safely and obey the law. This means that if your loved one was killed in a car accident because another driver was intoxicated, a car accident lawyer could argue that they breached this duty and that their negligence — driving while intoxicated — caused the death.

If you need help identifying and proving who was at fault in your loved one’s accident, our wrongful death lawyers in Texas can investigate your case, gather evidence, and begin the claims process to secure the compensation you deserve.

Who Can File a Wrongful Death Claim?

Texas law is highly specific in who is allowed to bring a wrongful death claim. You must be a surviving spouse, child, or parent to claim compensation. Other family members — such as grandparents, grandchildren, aunts, uncles, and cousins — or romantic partners cannot file a claim.

However, there is an exception. If the surviving spouse, child, or parent chooses not to file a wrongful death claim within three months of the death, the administrator of your loved one’s estate can file a claim unless all surviving members who are entitled to file request otherwise.

What Compensation Can a Texas Wrongful Death Lawyer Help You Get?

Losing a loved one comes with a tremendous financial burden, including paying previous medical bills and arranging the funeral. You might also face difficulty if you relied on your loved one for financial support.

Our personal injury lawyers in Texas can help you claim the compensation you’re entitled to. This includes quantifiable damages such as lost inheritance and loss of income or earnings, and non-economic damages.

Non-economic damages compensate you for the loss of care, support, companionship, and love, as well as mental anguish and emotional distress.

Want to find out how much compensation you could be entitled to? Try our quick and easy personal injury calculator.

What to Do if You’ve Lost a Loved One in an Accident in Texas

It might seem that after the death of a family member, you have so much to do that you can barely take the time to grieve. But if your loved one died because of someone else’s negligence, filing a wrongful death claim is well worth taking the time and should be a priority.

Consider doing the following:

1. Collect Evidence

To successfully claim compensation for wrongful death, you must prove that the at-fault party was negligent and that it caused your loved one’s death. While a wrongful death lawyer can help you gather evidence, beginning the process early will maximize your chance of success.

In truck accidents, for example, it’s not uncommon for driver logs and black box data to disappear during the claims process to reduce liability. Evidence comes in many forms, from police reports to medical records. If you don’t have these documents, try to get copies as quickly as possible. You might also have video footage or photographs of the accident scene or your loved one’s injuries. This can go a long way to proving who is at fault, so keep it safe. If in doubt, don’t throw it out. You might be tempted to trash a small slip of paper containing a person’s name and contact information, but if that person is a vital witness to the accident, your lawyer will want to speak with them, and their testimony could make a huge difference to the outcome of your claim.

2. Document Your Expenses

Losing a loved one often results in considerable expenses. You might have paid for the time your loved one spent in the hospital before their death or for emergency healthcare. You might have even paid for the funeral. Try to document your expenses and keep the receipts somewhere safe, as you can recover these costs from the person or party responsible for your loved one’s death.

3. Keep a Journal

Journaling how you feel can be a painful and emotional process, but it can also be cathartic, especially if you’re being a rock for your family. Keeping a journal can also help in your claim. Having evidence of how you have suffered since the passing of your loved one and how it impacts your day-to-day life — including your mental and financial state — can help you get the compensation you deserve.

4. Contact a Wrongful Death Lawyer

No amount of money can compensate you for the loss of a loved one, but it can ensure your family is looked after and provide some small comfort knowing you won’t struggle to recover financially.

Wrongful death claims are complex, but our compassionate and dedicated wrongful death lawyers in Texas understand how difficult this time is for you and focus on resolving your claim with as little stress as possible.