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When Someone Else’s Negligence Costs a Life: Texas Wrongful Death Claims Explained

No compensation can replace the person you lost. But holding the responsible party accountable can provide financial stability for your family and a measure of justice that your loved one deserved. The death of a family member in an accident caused by someone else's negligence is one of the most devastating experiences a family can endure. Texas law recognizes this, and provides a legal pathway for surviving family members to seek accountability and financial recovery through a wrongful death claim.

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What Is a Texas Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought on behalf of surviving family members when a person dies due to another party's negligence, recklessness, or intentional conduct. It is separate from any criminal charges that may be filed and can proceed even if no criminal charges are brought.Under the Texas Wrongful Death Act, the surviving spouse, children, and parents of the deceased have the right to bring a wrongful death claim. If none of these family members files within three months of the death, the executor of the estate may file on the family's behalf.

Common Scenarios That Give Rise to Wrongful Death Claims in Texas

Wrongful death claims can arise from a wide range of circumstances, including:
  • Fatal car and truck accidents caused by negligent or drunk drivers
  • Workplace accidents resulting from unsafe conditions
  • Medical malpractice
  • Pedestrian and bicycle fatalities
  • Defective product failures
  • Fatal slip and fall incidents on commercial properties

What Damages Are Available to Surviving Family Members?

Texas law allows wrongful death claimants to recover compensation for:
  • Mental anguish suffered by the surviving family members
  • Loss of companionship, care, guidance, and advice the deceased provided
  • Loss of the deceased's financial contributions to the household
  • Loss of inheritance the family would have received
  • Medical expenses incurred before the death
In cases involving gross negligence, punitive damages may also be available. These are designed to punish the wrongdoer and deter similar conduct in the future.

The Survival Claim: Recovering for What Your Loved One Suffered

In addition to the wrongful death claim, Texas law also allows the estate to bring a survival claim. This claim recovers damages for what the deceased person experienced between the time of injury and the time of death, including physical pain and suffering, medical expenses, and any lost wages during that period.

The Statute of Limitations for Texas Wrongful Death Cases

Texas generally gives surviving family members two years from the date of death to file a wrongful death lawsuit. This deadline is firm. Waiting beyond it means losing the right to compensation permanently. Given that investigations in fatal accident cases take significant time, it is critical to begin working with an attorney as soon as possible.

Dealing With the Emotional Weight While Navigating Legal Complexity

We understand that nothing about this process is easy. You are grieving. The last thing you want to do is think about lawsuits and legal strategy. That is exactly why having a compassionate and experienced attorney in your corner matters. We handle the complexity so your family can focus on healing.At Edgett Hawk Injury Law Firm, we handle wrongful death cases with the sensitivity and tenacity that families deserve. If you lost a loved one due to someone else's negligence in Texas, please call us today for a confidential, no-cost consultation. You do not have to navigate this alone.

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