Wrongful Death

Compassionate Support During Your Most Difficult Time

Losing a loved one due to someone else's negligence or wrongful act is devastating. While no amount of money can replace your loss, Texas law provides a path to seek justice and financial security for your family. AskLitigation is here to guide you through this difficult process with compassion and expertise.

Wrongful death claims arise from various circumstances including car accidents, truck accidents, workplace accidents, and medical malpractice incidents.

What Qualifies as Wrongful Death in Texas?

Under Texas law, wrongful death occurs when:

• An injury causes a person's death
• The injury was caused by another's wrongful act, neglect, carelessness, or lack of skill
• The deceased would have been entitled to recover damages if they had lived
• There are surviving beneficiaries who suffer damages from the death

Common causes include vehicle crashes, industrial accidents, medical errors, dangerous products, and criminal acts.

Who Can File a Wrongful Death Claim in Texas?

Texas law specifically limits who can bring a wrongful death claim:

Eligible to file:

• Surviving spouse
• Surviving children (including adopted children)
• Surviving parents

Important distinctions:

• All eligible parties can file together or separately
• If no action is filed within 3 months, the executor may file
• Siblings, grandparents, and other relatives cannot file wrongful death claims

Each eligible party can recover their own damages.

Texas Wrongful Death Laws

Key aspects of Texas wrongful death law:

• Statute of Limitations: Two years from the date of death
• Exemplary Damages: Available for gross negligence
• Survival Statute: Separate claim for the estate's damages
• Damage Caps: No caps except in medical malpractice cases

Texas law provides strong protections for families seeking justice.

Damages Available in Wrongful Death Claims

Texas allows recovery for:

Economic Damages:

• Loss of earning capacity and financial support
• Loss of inheritance
• Medical expenses before death
• Funeral and burial costs
• Loss of household services

Non-Economic Damages:

• Mental anguish and emotional pain
• Loss of companionship and society
• Loss of love and affection
• Loss of guidance and counsel
• Pain and suffering of survivors

Exemplary (Punitive) Damages:

• Available when death resulted from gross negligence or malicious conduct
• Meant to punish wrongdoers and deter future conduct

Proving a Wrongful Death Claim in Texas

To succeed, you must establish:

1. Duty: The defendant owed a duty of care
2. Breach: The defendant breached that duty
3. Causation: The breach caused the death
4. Damages: Surviving family members suffered compensable losses

Evidence includes accident investigations, expert testimony, medical records, and economic projections.

Steps to Take After a Wrongful Death

If you've lost a loved one in Texas:

1. Handle immediate needs - Funeral and family arrangements
2. Preserve all evidence - Don't dispose of relevant items
3. Obtain official documents - Death certificate, autopsy reports
4. Collect records - Police reports, medical records, employment documents
5. Document financial impact - Lost income, expenses incurred
6. Be cautious with insurers - Don't accept quick settlements
7. Seek legal counsel - Texas law is complex; get professional help

Time Limits and Important Deadlines

Texas enforces strict deadlines:

• Two years from date of death for most wrongful death claims
• Six months notice for government entity claims
• Medical malpractice: Two years with a 10-year statute of repose
• Product liability: 15-year statute of repose

Acting promptly preserves your rights and evidence.

Unique Aspects of Texas Wrongful Death Law

Texas law has distinctive features:

• No loss of consortium for siblings: Only spouse, children, and parents can recover
• Exemplary damages available: Unlike many states, Texas allows punitive damages
• Separate survival action: Estate can recover the deceased's damages
• Proportionate responsibility: Texas's modified comparative fault rules apply

Understanding these nuances is crucial for maximizing recovery.

Common Challenges in Wrongful Death Cases

Texas families often encounter:

• Complex multi-defendant cases
• Insurance coverage disputes
• Proving future economic losses
• Establishing gross negligence for exemplary damages
• Dealing with comparative fault allegations
• Managing family dynamics during litigation

Professional representation helps overcome these obstacles.

Frequently Asked Questions About Texas Wrongful Death Claims

Can we recover damages if our loved one had no income?

Yes. Texas law recognizes non-economic contributions like household services, companionship, and guidance. Children, homemakers, and retirees all have value beyond income.

What if the person responsible has no insurance?

You may recover from their personal assets, your uninsured motorist coverage, or other potentially liable parties like employers or property owners.

Can we file if the death was ruled a suicide?

Possibly, if negligence contributed to the suicide, such as inadequate mental health care, jail supervision failures, or medication errors that caused suicidal behavior.

How are wrongful death settlements taxed in Texas?

Generally, wrongful death settlements for physical injuries or sickness are not taxable income. However, punitive damages and interest may be taxable. Consult a tax professional.