Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can endure. While no amount of money can replace a loved one, Texas law allows certain surviving family members to seek financial compensation when a death was caused by another person’s or company’s wrongful conduct.

If you’ve recently lost a family member, you may be wondering:

• What is a wrongful death claim?
• Who can file a wrongful death lawsuit in Texas?
• How long do I have to file a wrongful death claim?

Here’s what you need to know.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when a person’s death is caused by the negligent, reckless, careless, or intentional actions of another person or business.

Unlike a criminal case, which seeks to punish the wrongdoer through fines or imprisonment, a wrongful death lawsuit is designed to compensate surviving family members for the financial and emotional losses resulting from their loved one’s death.

A wrongful death claim is separate from any criminal charges that may arise from the same incident. A defendant may face both criminal prosecution and a civil wrongful death lawsuit based on the same underlying events.

What Must Be Proven in a Texas Wrongful Death Lawsuit?

To succeed in a wrongful death claim, the plaintiff generally must establish the same legal elements required in other negligence cases:

Duty. The defendant owed the deceased a legal duty of care.

Breach. The defendant failed to meet that duty by acting negligently, recklessly, or intentionally.

Causation. The defendant’s conduct directly caused, or substantially contributed to, the person’s death.

Damages. The surviving family members suffered legally recognized losses because of their loved one’s death.

An experienced wrongful death attorney can investigate the circumstances surrounding the death and gather the evidence needed to prove each of these elements.

What Types of Accidents Can Lead to a Wrongful Death Claim?

Wrongful death lawsuits can arise from many different situations, including:

• Fatal car accidents
• Truck accidents involving 18-wheelers or commercial vehicles
• Motorcycle accidents
• Pedestrian accidents
• Medical malpractice
• Defective products
• Dangerous prescription drugs
• Workplace accidents
• Construction accidents
• Industrial accidents
• Drunk driving crashes

If you believe another person’s negligence contributed to the death of your loved one, you may have legal rights under Texas law.

Who Can File a Wrongful Death Lawsuit in Texas?

The Texas Wrongful Death Act limits who may bring a wrongful death lawsuit.

Generally, the following individuals may file:

• The surviving spouse
• Biological children
• Legally adopted children
• Parents of the deceased

Brothers, sisters, grandparents, stepparents, and other relatives generally do not have the legal right to file a wrongful death lawsuit under Texas law.

If the eligible family members do not file a wrongful death lawsuit within three months of the person’s death, the personal representative of the estate may have the authority to file the claim unless the eligible beneficiaries request otherwise. 

What Compensation Can Be Recovered?

Depending on the circumstances, surviving family members may be entitled to recover compensation for:

• Funeral and burial expenses
• Loss of financial support
• Loss of household services
• Loss of companionship and society
• Loss of love, guidance, and care
• Mental anguish and emotional suffering

In certain cases involving particularly egregious conduct, punitive (otherwise known as exemplary) damages may also be available under Texas law.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

In most cases, Texas law provides two years from the date of death to file a wrongful death lawsuit.

Although there are limited exceptions that may extend or affect this deadline, waiting too long can jeopardize your family’s legal rights. Important evidence can disappear, witnesses’ memories may fade, and legal deadlines can expire.

For these reasons, it’s generally best to speak with an attorney as soon as possible after a fatal accident.

Speak With a Houston Wrongful Death Lawyer at Mostyn Law

If you’ve lost a loved one because of someone else’s negligence, you shouldn’t have to navigate the legal process alone while grieving.

At Mostyn Law, our experienced wrongful death attorneys understand the emotional and financial challenges families face after a tragic loss. We can explain your rights, investigate the circumstances surrounding your loved one’s death, and help you pursue the compensation your family deserves. Reach out to learn more.