Losing a loved one in an accident is devastating. When their death is caused by someone else’s negligence or wrongful act, families may have the legal right to file a wrongful death claim to recover compensation for financial losses, emotional pain, and other damages. In Texas, these claims are governed by specific laws and timelines that every family should understand.
What Is a Wrongful Death Claim and How Is It Different from Personal Injury?
A wrongful death claim is a type of legal action that allows certain family members to seek compensation when someone dies because of another party’s negligent or wrongful conduct. Unlike a personal injury claim, which seeks compensation for injuries suffered by a living claimant, wrongful death claims compensate surviving family members for their own losses due to the death.
Who Can File a Wrongful Death Claim in Texas?
In Texas, the law permits only certain family members to file a wrongful death lawsuit, such as:
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Surviving spouse
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Biological or legally adopted children
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Parents of the deceased
If none of these family members file within three months of the death, the personal representative of the deceased’s estate may file instead.
What Compensation Can Families Recover in a Wrongful Death Claim?
Families may be eligible for several types of damages in a wrongful death claim, including:
Economic damages:
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Funeral and burial expenses
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Medical costs incurred before death
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Lost future income and financial support
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Loss of services (childcare, household help)
Non‑economic damages:
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Loss of companionship and guidance
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Emotional distress and mental anguish
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Loss of consortium for spouses
Punitive damages:
In cases involving gross negligence or intentional misconduct, Texas law may allow punitive damages to punish the wrongdoer and deter similar behavior.
What Is a Survival Action and Why Does It Matter?
In addition to a wrongful death claim, Texas law allows for a survival action, which seeks compensation for losses the deceased person suffered between the accident and death (like pain and suffering or medical expenses). Both wrongful death and survival claims can be pursued together to increase the total compensation a family may receive.
How Long Do You Have to File a Wrongful Death Claim in Texas?
Texas law generally gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline can permanently bar your right to compensation. Some limited exceptions may apply (for example, fraud or concealment), but these are narrow and not guaranteed.
Common Mistakes Families Make in Wrongful Death Claims
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Waiting too long to act: Delays may result in missing the legal deadline.
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Not documenting losses: Bills, receipts, and records are essential to prove damages.
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Talking to insurance companies without legal help: Statements can be used against you later.
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Accepting early low settlement offers: Insurance companies may undervalue your claim.
Why You Should Consider Legal Help with Your Wrongful Death Claim
A wrongful death case involves complex procedures, strict deadlines, and negotiations with insurance companies that often want to minimize payouts. Qualified legal counsel can help you:
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Gather and preserve evidence
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Accurately calculate economic and non‑economic damages
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Navigate legal deadlines and court procedures
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Advocate for fair compensation
Contact Gonzalez Druker Law Firm About Your Wrongful Death Claim
If your family has lost a loved one due to someone else’s negligence in Texas, you deserve justice and compensation for your loss. Gonzalez Druker Law Firm understands how difficult this time is and can help guide you through the legal process with compassion and experience. Contact us to learn more and discuss your wrongful death claim:
📞 Phone: (956) 728‑9191
📧 Email: info@gdlfirm.com
🌐 Website: https://www.gdlfirm.com/
Frequently Asked Questions (FAQ)
1. What qualifies as a wrongful death in Texas?
A wrongful death occurs when someone dies because of another person’s negligent, careless, or wrongful conduct.
2. Who can file a wrongful death claim in Texas?
Only a surviving spouse, children, or parents of the deceased may file. If they fail to act, the estate’s personal representative may file instead.
3. What types of damages can be recovered?
Families can recover economic damages (like lost income and funeral costs), non‑economic damages (pain and suffering), and sometimes punitive damages.
4. Can wrongful death and personal injury claims be filed together?
Yes — a survival action is similar to a personal injury claim and can be filed alongside a wrongful death claim to capture losses the deceased suffered before death.
5. How long does a wrongful death claim take?
Cases vary in length. Many settle out of court in a few months, while others may take longer if litigation is required.
