Understanding Wrongful Death Lawsuits in Texas

If you have lost a loved one due to the negligence or wrongdoing of another person, you may have the right to file a wrongful death action to recover compensation for your damages.

While no amount of money can bring your loved one back or compensate for your loss, financial compensation may help ease some of the burdens caused by the death of your loved one.

Texas specifically provides for certain family members to bring a civil action to recover damages for their losses after a wrongful death.

Contact a Dallas wrongful death lawyer from Bush & Bush Law Group to understand your legal options and how to seek justice for your loved one.

What is Wrongful Death in Texas?

When the negligent, reckless, or intentional conduct of a person causes another person’s death without a legal right to do so, it is called a wrongful death.

A wrongful death claim against the at-fault party seeks to recover damages suffered by the deceased loved ones. It is a civil action separate from any criminal charges that may be filed.

The Texas wrongful death statute is in Texas Civil Practice and Remedies Code Title 4 §71.002. In bringing a wrongful death suit, you must prove that:

1. Someone’s death was caused by negligence or a wrongful act.
2. Based on your relationship to the deceased, you have legal standing under Texas law to file the action.
3. You suffered a financial loss because of the decedent’s death.

Texas law provides exactly who has standing to bring a wrongful death lawsuit.

Do I Have a Right to File a Wrongful Death Claim?

Only those expressly provided by Texas law can file a wrongful death claim after the loss of a loved one.

According to Texas Civil Practice and Remedies Code Title 4 §71.004, an action to recover damages for a wrongful death is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.

If the surviving spouse, children, or parents of the deceased do not bring a wrongful death suit within three months of the decedent’s death, the deceased person’s estate may file suit.

Thus, you must either be the surviving spouse, child, parent, or estate representative of the deceased to bring a wrongful death action.

If you have any questions about your standing to bring a wrongful death claim, you should promptly contact a Texas wrongful death attorney.

What Compensation Can I Recover in a Wrongful Death Lawsuit?

In a wrongful death suit, you may be able to recover economic and non-economic damages suffered by the deceased person after the injury but before their death. You may also recover losses that you suffered as a result of your loved one’s death.

These damages may include:

• The decedent’s medical expenses
• The decedent’s pain and suffering
• The decedent’s lost wages.
• The cost of funeral and burial expenses
• The claimant’s damage from the decedent’s lost earning capacity
• The claimant’s damage from the loss of support and care
• The claimant’s mental and emotional distress
• The claimant’s loss of companionship and comfort
• The claimant’s loss of inheritance because of the decedent’s death

These economic and non-economic damages are intended to compensate for damages the decedent and their loved ones sustained.

Punitive damages, also known as exemplary damages, are not intended to compensate injury victims but to punish a wrongdoer and deter similar future behavior.

Texas Civil Practices and Remedies Code Title 4 § 71.009 provides for exemplary damages in a wrongful death action:

“When the death is caused by the wilful act or omission or gross negligence of the defendant…”

Thus, in some cases, you can recover economic and non-economic damages suffered by the decedent and the claimants as well as exemplary damages.

An experienced Dallas injury attorney can advise you on the type of compensation you may be entitled to recover in your case.

How Long Do I Have to File a Wrongful Death Lawsuit?

A statute of limitations sets the deadline for filing a claim. The statute of limitations for a Texas wrongful death action is two years from the date of death.

Texas Civil Practice and Remedies Code Title 2 §16.003 (b) provides:

“A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”

Note that the time begins to run on the date your loved one dies, which may not be the same date as the injury that caused their death.

While two years may seem like a long time, you need to consult an experienced Texas wrongful death attorney as soon as possible.

Vital evidence to prove your case may be lost, destroyed, or diminished if not identified and secured quickly. Additionally, your attorney needs time to conduct discovery and gather the evidence to build a strong case.

Why Do I Need A Texas Wrongful Death Attorney?

You deserve to be able to grieve without needing to focus on the numerous details of a wrongful death lawsuit.

Additionally, your chances of recovering maximum compensation are significantly greater when an experienced Texas wrongful death attorney represents you.

Litigation is expensive and time-consuming. However, experienced Texas personal injury attorneys usually handle your case on a contingency fee basis, so you pay nothing until compensation is recovered.

Most experienced personal injury attorneys have the skills and resources to hold the at-fault parties responsible for paying the full value of your claim.

How Will An Attorney Prove My Wrongful Death Claim?

A successful wrongful death claim is usually based on proving negligence. Negligence happens when someone does something they should not have done or fails to do something they should have done.

For a successful negligence claim, you need to prove four elements:

1. The defendant owed a duty of care to the decedent.
2. The defendant breached their duty of care by their action or inaction.
3. The defendant’s breach of duty caused an actual injury to the decedent.
4. The defendant’s breach of duty resulted in monetary damages.

A skilled Dallas wrongful death attorney will gather and present the necessary evidence to prove each element of your wrongful death claim.

Contact a Dallas Wrongful Death Attorney

If you have lost a loved one due to another party’s negligence, wrongful actions, or inactions, you may have the right to recover compensation for your and the decedent’s damages.

You need the help of an experienced Dallas wrongful death attorney to prove all elements of your claim and to hold the at-fault parties accountable for the full value of your claim.

The wrongful death attorneys at Bush & Bush Law Group have decades of experience handling wrongful death claims and helping clients recover maximum compensation. We want to help you recover the full value of your damages.

To schedule a free consultation, call (469) 977-7777 or complete the short form on our contact page.