Who Is Eligible to File a Wrongful Death Claim?

Only certain individuals are eligible to file wrongful death claims under the Texas Wrongful Death Act, including legal surviving spouses, children, and parents of the deceased. If no eligible relatives file a claim within three months of the wrongful death, the estate’s personal representative can bring the action unless all of the statutory beneficiaries request that the representative not do so (Tex. CPRC § 71.004(c)).

What Is the Deadline for Filing a Wrongful Death Claim? 

In Texas, the deadline or statute of limitations for wrongful death claims is generally two years from the date of the death. However, certain exceptions may apply in circumstances involving fraud or concealment, minors, or delayed discovery. 

Failure to file a timely claim can result in the loss of eligibility for damages, making it crucial to seek legal guidance as soon as possible. Our lawyers can help you determine which statute applies to your case and navigate the claims process efficiently. 

How Do I Prove Negligence in a Wrongful Death Case?

Proving negligence in a wrongful death lawsuit requires four key elements: 

1. Duty of care. The negligent party (defendant) owed a duty of care, such as obeying traffic laws or issuing appropriate warnings for products. 
2. Breach of duty. The defendant breached their duty by acting negligently, such as running a red light or ignoring safety protocols at a construction site.
3. Causation. The wrongful death would not have occurred if not for the defendant’s negligence.
4. Damages. The surviving family suffered actual losses as a result of the breach.

Our attorneys are well-versed in these legal nuances to help you meet the burden of proof in your claim. We can assist with identifying liable parties, gathering evidence, and building a compelling case while your family focuses on honoring your loved one’s life and legacy. 

How Much Is a Wrongful Death Claim Worth? 

Several factors can influence the potential recovery in a wrongful death claim, including the specific losses incurred, the amount and type of beneficiaries, and the severity and circumstances of the death. 

We can present clear records of financial losses, medical reports, and proof of negligence to establish the full scope of damages and advocate for a comprehensive settlement that covers your family’s current and future needs. 

Will My Wrongful Death Case Go to Trial?

The majority of wrongful death claims are settled out of court. However, some cases may proceed to litigation if a fair agreement cannot be reached, the defendant disputes liability, or the damages are contested. While it can be frustrating to have your case delayed by litigation, going to trial may be necessary to recover maximum compensation. Our time-tested attorneys prepare every case for trial to show insurers that we mean business and position your case for success.

Is It Possible to Recover Damages in a Wrongful Death Claim if the Deceased Was Partially Responsible? 

Yes. Texas follows a modified comparative negligence rule, meaning eligible family members can still recover compensation in wrongful death claims even if the deceased is found to be partially responsible. 

However, the amount of fault must not exceed 50% and any compensation awarded will be reduced in proportion to this amount. For example, if the deceased is 10% at fault for a claim totaling $500,000 in damages, the family may only be entitled to $450,000. 

Insurance companies often place undue blame on victims to evade just payouts, making it critical to have a skilled injury lawyer on your side. We can evaluate fault, challenge unfair allegations, and represent your best interests at trial if necessary to obtain a favorable outcome. 

Seeking justice after a wrongful death can be daunting, but you don’t have to fight alone. Contact us online to discuss your case with our caring advocates. Pay no legal fees until we settle your case.