Wrongful Death Lawyers — What Families Need to Know

Losing a loved one is devastating enough on its own. When that loss happens because of someone else’s careless or reckless actions, the grief is compounded by anger and a sense of injustice. Wrongful death lawyers help families pursue accountability and financial recovery when a preventable death tears a family apart. If you believe a negligent party caused the death of someone you love, understanding how a wrongful death claim works is the first step toward justice. Learn more about personal injury claims here.

Wrongful death claims can arise from many types of incidents — car and truck accidents, motorcycle crashes, pedestrian collisions, workplace accidents, nursing home abuse, defective products, dog attacks, and slip and falls. Regardless of how the death occurred, wrongful death attorneys evaluate whether another person or company bears legal responsibility. These cases are handled separately from any criminal charges and can move forward even if the at-fault party is never convicted of a crime.

Families often come to wrongful death lawyers in the immediate aftermath of a tragedy, unsure of where to turn. The right legal team will handle the investigation, gather evidence, deal with insurance companies, and fight for the full compensation the family deserves — all while allowing the family to focus on healing. Call for a free consultation.

Understanding Wrongful Death Under Texas Law

Chapter 71 of the Texas Civil Practice and Remedies Code governs wrongful death claims in the state. Under that statute, a claim can be filed when a death is caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation. There are three main legal theories under which these cases are brought.

Intentional Acts

A wrongful death claim based on an intentional tort requires proof that the defendant knew his or her actions could cause serious injury or death and willfully or recklessly disregarded that risk. Criminal charges are not required for a civil wrongful death suit to succeed — the standard of proof in civil court is lower than in a criminal proceeding.

Negligence

Most wrongful death cases are built on negligence. This means the defendant acted carelessly — not necessarily with intent to harm — and that carelessness resulted in a fatal outcome. A driver who falls asleep behind the wheel, a property owner who ignores a dangerous condition, or a doctor who fails to diagnose a serious illness are all examples of negligence that can support a wrongful death claim.

Strict Liability

In some cases, a defendant can be held liable for a death regardless of how careful they were. Strict liability typically applies to activities or conditions that are inherently dangerous — manufacturing defective products, storing hazardous chemicals, or keeping vicious animals. The family does not need to prove the defendant was careless, only that the dangerous condition caused the death.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death lawsuit. Adult children over 18 retain the same right to file as minor children. If none of these family members file within three months of the death, the estate’s executor or administrator may file on the estate’s behalf. An experienced wrongful death lawyer can advise your family on who should file and how to coordinate the claim properly.

Damages Available in a Wrongful Death Case

Texas law allows surviving family members to pursue a range of damages. Recoverable losses typically include funeral and burial expenses, medical bills incurred before death, lost future earnings and financial support, loss of companionship and affection, loss of care and guidance, and the mental anguish suffered by surviving family members. In cases involving gross negligence or intentional misconduct, punitive damages may also be available. See more on personal injury law

The Statute of Limitations for Wrongful Death in Texas

Texas law requires wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline almost always results in losing the right to file entirely. There are limited exceptions — such as cases involving minors or fraud that concealed the cause of death — but relying on an exception is a risky strategy. Contact a wrongful death lawyer as soon as possible after a loss to protect your family’s legal rights.

Why Civil Cases Proceed Independently of Criminal Charges

Many families wonder whether they can still file a civil wrongful death suit if the at-fault party was acquitted in criminal court. The answer is yes. Civil and criminal cases operate under different legal standards. The O.J. Simpson case is perhaps the most well-known example: Simpson was acquitted of criminal murder charges, yet Nicole Brown Simpson’s family prevailed in their civil wrongful death suit. A not-guilty verdict in criminal court does not bar a civil claim.

Free Consultation With Our Wrongful Death Attorneys

If your family has lost a loved one due to someone else’s negligence, you deserve answers. Our wrongful death lawyers offer free, confidential consultations with no obligation. We handle every case on a contingency fee basis — you pay nothing unless we recover compensation for your family. Call today to speak with a compassionate and experienced attorney. More information on this website.