Do you have questions about filing a wrongful death lawsuit in Texas? This is a complex area of law, and it’s natural to want all the information you can gather before making any important decisions.
At Winocour Law in Dallas, we are here to answer all of your questions about wrongful death lawsuits so you can proceed with confidence that you are doing the right thing for yourself, your family, and your loved one’s legacy.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit in Texas is a legal claim brought after a person dies due to the reckless, negligent, or intentional actions of another party. The purpose of a wrongful death lawsuit is to obtain compensation for surviving family members while holding the at-fault party accountable for their actions.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas laws, wrongful death lawsuits can be filed by the spouse, children, or parents of someone who died due to the negligence of another.
What Is a Survival Action and How Is It Different From a Wrongful Death Claim?
A survival action is a separate legal claim brought by the decedent’s estate, seeking compensation for damages the deceased person suffered prior to their death. These damages may include medical expenses arising from the fatal injury and pain and suffering.
Unlike a wrongful death claim, which addresses the hardships of the surviving family, a survival action focuses on what the deceased personally endured.
A wrongful death claim is brought by the surviving family members and focuses on their own losses, such as loss of companionship, financial support, and emotional suffering.
What Compensation Is Available in a Texas Wrongful Death Lawsuit?
Under Texas wrongful death laws, surviving loved ones may be entitled to compensation for:
- Lost future wages
- Loss of inheritance
- Funeral and burial expenses
- Mental and emotional anguish
- Loss of companionship, comfort, and society
A skilled Texas wrongful death attorney will carefully assess all damages so surviving family members can pursue compensation that truly reflects the profound nature of their loss.
How Much Is a Texas Wrongful Death Settlement Worth?
There is no fixed value on a wrongful death settlement. Your compensation will depend upon factors such as:
- The cause of death
- The degree of negligence involved
- Your loved one’s age, health, and earning capacity (though we have recovered significant settlements for older loved ones)
- The degree of hardship you have suffered
- Available insurance coverage
Cases involving clear liability and significant financial dependence often result in higher recoveries.
How Does Texas’s Comparative Fault System Affect a Wrongful Death Case?
Under Texas’s modified comparative negligence doctrine, an accident victim’s compensation will be reduced by the percentage their own negligence contributed to the accident.
For instance, if a person was 25% at fault in the accident that took their life, wrongful death compensation will be reduced by that same percentage. If the victim was 51% or more at fault, recovery is barred entirely.
What Is the Legal Process for a Texas Wrongful Death Lawsuit?
The process typically begins with a consultation, where a lawyer will let you know if you have a valid claim. If so, they begin the process of investigating the circumstances of the accident and identifying liable parties.
Next is the filing of the lawsuit, discovery, and settlement negotiations. If the opposing party refuses to offer a fair settlement, the case may proceed to trial, where a judge or jury will make determinations on liability and compensation.
What Evidence Is Used to Prove a Wrongful Death Claim?
Key evidence in wrongful death lawsuits in Texas includes accident reports, medical records, witness statements, photographs, video footage, expert testimony, employment records, and documentation of financial losses. In many cases, accident reconstruction experts are called upon to establish fault.
What Is the Statute of Limitations for a Wrongful Death Lawsuit in Texas?
The statute of limitations is generally two years from the date of death. Certain exceptions may apply, but missing this deadline usually prevents the case from being filed.
Mistakes to Avoid After Losing a Loved One to Someone Else’s Negligence
Some of the biggest mistakes you can make regarding a wrongful death claim include delaying taking legal action, failing to preserve evidence, and talking to insurance companies without first consulting with your own attorney.
Get Real Answers From Experienced Wrongful Death Attorneys
While this page offers useful general information, in-depth answers to your legal questions require a full understanding of the unique factors involved in your case.
When you are ready to discuss your claim with a compassionate Dallas wrongful death lawyer, Winocour Law is here for you. Contact us to arrange a free and confidential consultation.