In simple terms, a wrongful death lawyer in Texas helps surviving family members understand their rights, investigates how the death occurred, determines who is legally responsible, and pursues financial compensation on the family’s behalf. Just as importantly, they take the legal burden off grieving families, handling insurance companies, deadlines, and court filings during a time when families should not have to fight legal battles on their own.
When someone dies because of another person’s negligence, families are left dealing with grief, shock, and unanswered questions. In the middle of that chaos, many people ask a practical question they never expected to face: What does a wrongful death lawyer do?
Below, we explain what a wrongful death lawyer does in Texas, how a wrongful death attorney helps families through the legal process, and why acting early can make a meaningful difference in the outcome of a case.
What a Wrongful Death Lawyer Actually Does for Families
A wrongful death lawyer’s job is to manage every legal and financial aspect of the case so families can focus on grieving and rebuilding.
In Texas, that role typically includes the following responsibilities.
Investigating the Cause of Death
One of the most essential things a wrongful death lawyer does in Texas is investigate how and why a fatal incident occurred. Establishing the actual cause of death is the foundation of any wrongful death claim, and it’s rarely as clear-cut as insurance companies suggest.
Fatal accidents often involve conflicting witness statements, incomplete reports, or missing evidence. In some cases, key details are overlooked. In others, responsible parties may attempt to shift blame or minimize their role in the death. This is where understanding what a wrongful death attorney does becomes critical.
A wrongful death lawyer conducts an independent investigation that may include:
- Gathering police reports, medical records, and autopsy findings
- Interviewing eyewitnesses, first responders, and involved parties
- Securing surveillance footage, vehicle data, or workplace safety records
- Working with experts such as accident reconstructionists, medical specialists, or forensic analysts.
In Texas, acting quickly matters. Evidence can be lost, digital data can be overwritten, and witness memories fade. By taking control of the investigation early, a wrongful death attorney in Texas helps ensure the facts are preserved before insurers or defendants control the narrative.
Without this level of investigation, families are often forced to rely on an insurance company’s version of events. A wrongful death lawyer’s role is to uncover the truth, not simply accept the explanation that limits liability.
Determining Liability Under Texas Law
Another central part of what a wrongful death lawyer does in Texas is determining whether another person or entity can be held legally responsible for the death. Not every fatal incident qualifies as a wrongful death claim. Liability must be established under Texas law, and that requires careful legal analysis.
A wrongful death lawyer examines whether the death resulted from negligence, recklessness, or misconduct. That involves identifying who owed a duty of care, whether that duty was breached, and whether that breach directly caused the loss of life. Understanding what a wrongful death attorney does at this stage is critical because liability decisions shape the entire case.
Depending on the circumstances, liability may rest with:
- A negligent driver in a fatal car or truck accident
- An employer that failed to provide a safe workplace or proper training
- A manufacturer that released a dangerous or defective product
- A healthcare provider who failed to meet the required standard of care.
In many Texas wrongful death cases, responsibility does not fall on just one party. Multiple individuals or companies may share fault, each backed by different insurance policies. Part of what a wrongful death lawyer does is identify every potentially liable party, so families are not unfairly limited to a single source of compensation.
This step is especially important because insurance companies often try to narrow liability early. A wrongful death attorney in Texas works to ensure that accountability reflects the full scope of negligence involved, not just the version that benefits insurers.
Explaining Your Rights and Options in Texas
Wrongful death laws are state-specific. What applies in another state may not apply in Texas, and misunderstanding those differences can have serious consequences. A key part of what a wrongful death lawyer does in Texas is explain how state law applies to your family’s situation and what options are legally available.
A wrongful death attorney helps families understand:
- Who is legally allowed to file a wrongful death claim
- What deadlines apply under Texas law
- What types of compensation may be available
- Whether the claim should be resolved through settlement or taken to court.
Under Texas law, the right to file a wrongful death lawsuit is generally limited to the deceased person’s surviving spouse, children, or parents. Other relatives, such as siblings or grandparents, are typically not eligible to file a claim, even if they were close to the deceased.
Understanding what a wrongful death attorney does in Texas at this stage is crucial, as liability decisions significantly impact the entire case. Missing a legal requirement, filing too late, or naming the wrong parties can permanently eliminate a family’s right to compensation, regardless of how strong the underlying case may be.
A wrongful death lawyer’s role is to ensure families understand their rights early, avoid costly mistakes, and make informed decisions about how to move forward under Texas law.
Filing the Wrongful Death Lawsuit on Time
Another critical role of a wrongful death lawyer is to ensure that the case is filed within the two-year statute of limitations.
Under Texas law, most wrongful death lawsuits must be filed within two years of the date of death. If that deadline is missed, courts will almost always dismiss the case.
A lawyer ensures:
- All required parties are properly named
- Legal filings are accurate and complete
- Deadlines are met before rights are lost.
Families often need time to grieve, but the law does not pause for mourning. This is one reason early legal guidance matters.
Calculating the Full Value of the Claim
Wrongful death cases are not limited to funeral expenses. A wrongful death lawyer calculates the full scope of economic and non-economic losses, which may include:
- Lost future income and financial support
- Loss of inheritance
- Loss of companionship, guidance, and care
- Mental anguish suffered by surviving family members
- Medical expenses incurred before death.
In some cases involving gross negligence, punitive damages may also be available.
These calculations often involve economic experts and long-term projections. Rushing this step can lead to settlements that fall far short of what families are legally entitled to recover.
Negotiating with Insurance Companies
Insurance companies are almost always involved in wrongful death cases. Their goal is simple: limit how much they pay.
A wrongful death lawyer handles all communication with insurers, including:
- Responding to recorded statement requests
- Preventing families from being pressured into early settlements
- Challenging claim denials or low valuation tactics
- Negotiating for a settlement that reflects the true loss.
Without legal representation, families are often placed in an impossible position, asked to negotiate while grieving and without knowing what their claim is worth.
Representing Families in Court When Necessary
While many wrongful death cases settle, not all do. When insurance companies refuse to act fairly, a wrongful death lawyer prepares the case for trial.
This includes:
- Conducting depositions
- Presenting expert testimony
- Arguing the case before a judge or jury
- Pursuing appeals if necessary.
Being prepared for trial often strengthens settlement negotiations. Insurance companies are far more likely to offer fair compensation when they know a case is ready to be proven in court.
Wrongful Death Claims vs Survival Actions
Many Texas cases involve two related but separate claims. A wrongful death claim compensates surviving family members for their personal losses. A survival action is brought by the estate and seeks compensation for what the deceased person suffered before death, such as medical bills and conscious pain and suffering.
A wrongful death lawyer ensures these claims are handled correctly, coordinated properly, and resolved in a way that protects all eligible parties.
Why Timing Matters More Than Families Expect
Evidence fades. Witnesses move. Records disappear. Insurance companies take advantage of delays.
A wrongful death lawyer acts quickly to preserve evidence, secure expert opinions, and prevent insurers from shaping the narrative before the facts are known.
Waiting does not make a case easier. It often makes it harder.
When Should You Contact a Wrongful Death Lawyer?
The right time is as soon as possible, even if you’re not ready to take legal action yet.
Early consultation allows a lawyer to:
- Protect critical evidence
- Explain your rights without pressure
- Give you clarity during an uncertain time.
You do not have to decide anything immediately. However, understanding your options early protects your ability to make a decision later.
Talk to a Texas Wrongful Death Lawyer
If you are asking what a wrongful death lawyer does, it is likely because your family is facing an overwhelming loss.
Patino Law Firm represents families across Texas, including Odessa and the Permian Basin, the Rio Grande Valley, and Central Texas. We handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we win.
- Call 855-LAW-NINJA
- Message us online 24/7
- If you cannot travel, we will come to you.
You focus on your family. We handle the rest.
Article Sources
- Justia. 2024 Texas Statutes Civil Practice and Remedies Code Title 4. Accessed December 2025.
- Texas Public Law. Texas Civil Practice and Remedies Code, Chapter 16 — Limitations. Accessed December 2025.
