A wrongful death claim is the case a family brings when someone dies because of another party’s negligence. Texas law reserves that right to a specific group of family members — spouse, children and parents — and sets a deadline for bringing it.
Wrongful death cases can involve difficult legal and personal circumstances. This guide explains who may bring a claim, the types of damages that may be available, and the deadlines that can apply.
What exactly is a wrongful death claim?
A wrongful death claim is a civil claim brought by certain surviving family members when a person’s death was caused by another party’s wrongful conduct. It is separate from any criminal case that may arise from the same incident.
A criminal case and a wrongful death claim are separate legal proceedings with different purposes and standards of proof. The absence of criminal charges — or the outcome of a criminal case — does not necessarily determine whether a civil wrongful death claim may be pursued.
Wrongful death claims can arise from many different circumstances, including car and truck accidents, workplace and construction accidents, medical negligence, defective products, and industrial accidents.
Who can bring the claim in Texas?
Texas law reserves this right to the surviving spouse, the children and the parents of the person who died. They may bring it together or separately, and they do not all need to agree in order to start the process.
If none of the eligible family members begins the action within three calendar months after the death, the executor or administrator of the estate may bring and pursue the action unless all of the eligible beneficiaries request otherwise. There is also a separate mechanism, the survival action, which belongs to the estate and covers what the person themselves could have claimed had they survived: medical expenses and suffering between the injury and the death.
What can the family recover?
Recoverable damages may include certain economic and non-economic losses. Economic damages may include the income the person would have contributed to the family and the value of the services, care, and support they provided.
Non-economic damages may include loss of companionship, mental anguish, and the loss of guidance and support the person provided to family members.
In some cases, exemplary damages may also be available when the circumstances meet the requirements under Texas law. Whether those damages can be pursued depends on the specific facts of the case.
How long does a case like this usually take?
The timeline depends on the specific circumstances of the case. Factors such as the number of parties involved, whether liability is disputed, the complexity of the investigation, and whether a lawsuit must be filed can all affect how long the process takes. Because every case is different, it is difficult to predict a timeline at the outset.
What is worth being clear about from the start is that the family does not have to absorb the strain of dealing with insurers directly. That is precisely the part a firm takes on.
At The Law Offices of John R. Salazar we have stood beside North Texas families since 1990. The consultation is free and confidential, with no obligation to continue afterwards. You can review all our practice areas if you would rather get to know us before calling.
Frequently Asked Questions
In many Texas wrongful death cases, the deadline to file a lawsuit is two years. However, the exact deadline can depend on the circumstances of the case, and certain exceptions or additional notice requirements may apply.
Because these deadlines are fact-specific, it is important to determine which time limits apply to the particular claim.
Texas law does not require all eligible family members to file the claim together. One or more of the surviving spouse, children, or parents may bring a wrongful death action for the benefit of all eligible beneficiaries. An attorney can explain to each party how the decision affects them before that step is taken.
The first consultation with our firm is entirely free and exists to establish whether there is a case and how to approach it. Finding out where you stand costs you nothing.
At The Law Offices of John R. Salazar we have stood beside North Texas families since 1990. The consultation is free and confidential, and we don't charge unless we win. Call (214) 833-5378.
This article is for information only and is not legal advice. Every case is different; consult a lawyer about your specific situation.