Losing a loved one is a devastating experience, leaving families not only with emotional pain but also the responsibility of handling financial and legal matters. When a death occurs due to someone else’s negligence or reckless actions, the loss becomes even more difficult to bear.
While no amount of compensation can replace a loved one, pursuing a wrongful death claim can provide financial stability and hold the responsible party accountable.
Wrongful death lawsuits arise when an individual, business, or government entity is responsible for a person’s death due to carelessness, negligence, or misconduct. Under Texas Civil Practice and Remedies Code Title 4 §71, certain family members may pursue both wrongful death and survival actions to recover damages.
Eligible family members who may file a wrongful death claim in Texas include:
● Spouses
● Children (including legally adopted children in some cases)
● Parents
Siblings, however, are not permitted to file a wrongful death or survival action under Texas law.
A wrongful death claim allows families to seek compensation for:
● Lost income and financial support
● Medical expenses incurred before the person’s passing
● Funeral and burial costs
● Pain and suffering experienced by surviving family members
● Loss of companionship and emotional distress
● Punitive damages, in cases of extreme negligence
A survival action, on the other hand, allows the estate of the deceased to pursue damages for the suffering and medical expenses the individual endured before passing. Both types of claims serve as a means to hold negligent parties accountable and provide financial relief for grieving families.
Pursuing a wrongful death claim requires determining liability and proving that the responsible party’s actions directly led to the fatal incident. This may involve:
● Investigating employers, business owners, contractors, or government entities that
may be at fault
● Reviewing medical records, financial losses, and other expenses to assess damages
● Identifying and gathering evidence of negligence or reckless behavior
If the at-fault party refuses to offer a fair settlement, legal action may be necessary. This process typically involves:
1. Filing a Petition – Officially initiating the wrongful death lawsuit
2. Discovery Phase – Gathering evidence, obtaining employment records, and reviewing communication that may prove negligence
3. Trial Proceedings – Presenting testimony from experts and witnesses to establish liability Legal representation is critical during negotiations with insurance companies and potential
court proceedings, ensuring that the rights of the surviving family members are fully protected.
Wrongful death cases can be legally complex, involving multiple responsible parties, state laws, and financial evaluations. An experienced legal team can help families:
● Understand their rights and eligibility for compensation
● Negotiate with insurance companies for a fair settlement
● Gather and present strong evidence to support their claim
● Represent their interests in court if litigation is necessary
The emotional and financial hardships that follow the loss of a loved one can be overwhelming. Seeking guidance from a network of experienced wrongful death attorneys can help families navigate the legal process and secure the compensation they deserve. If your loved one’s passing
was caused by another party’s negligence, consider reaching out to a qualified legal professional to explore your options.
