At Jay Murray Law, we guide families through this complex legal process with compassion and experienced advocacy, helping them pursue the justice and financial recovery they deserve.
Hurt? Let Jay and His Team Help You
Call for YOUR FREE Case Review
(214) 855-1420Understanding Texas Wrongful Death Law
Texas wrongful death law provides a legal pathway for certain family members to seek compensation when a person dies due to another party’s negligence, recklessness, or intentional misconduct. The Texas Civil Practice and Remedies Code specifically outlines who may file these claims and what damages they can recover.
Unlike personal injury cases, where the injured person files the lawsuit, wrongful death claims are brought by surviving family members. This distinction matters because the law limits who has the legal standing to file.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law restricts wrongful death claims to specific family members. Only the deceased person’s surviving spouse, children, and parents may file a wrongful death lawsuit. These family members can file individually or together as a group.
If eligible family members choose not to file within three months of the death, the personal representative of the deceased person’s estate may file on behalf of the family. This representative acts for the benefit of the spouse, children, and parents.
Siblings, grandparents, and other extended family members cannot file wrongful death claims in Texas, even if they were close to the deceased or suffered financial hardship because of the death.
What Is Considered Wrongful Death in Texas?
Wrongful death occurs when a person dies because of the wrongful act, neglect, carelessness, unskillfulness, or default of another party. The key element is that the deceased person would have had grounds to file a personal injury lawsuit if they had survived.
Common scenarios that give rise to wrongful death claims include:
Motor Vehicle Accidents: Deaths caused by drunk drivers, distracted drivers, or other negligent motorists represent a significant portion of wrongful death cases.
Medical Malpractice: When healthcare providers fail to meet the standard of care and a patient dies as a result, families may have grounds for a wrongful death claim.
Workplace Accidents: Fatal injuries on construction sites, in factories, or other work environments may lead to wrongful death claims when negligence played a role.
Defective Products: Manufacturers and distributors can be held liable when dangerous products cause fatal injuries.
Nursing Home Abuse or Neglect: Facilities that fail to provide proper care, leading to a resident’s death, may face wrongful death litigation.
The person or entity responsible for the death can be an individual, corporation, government agency, or any other legal entity whose actions or failures caused the fatal injury.
Dallas Wrongful Death Lawyer
Call for YOUR FREE Case Review
Hurt?
Let Jay and His Team Help You!
Call for YOUR FREE Case Review
The Legal Process for Filing a Wrongful Death Claim
Filing a wrongful death lawsuit requires following specific legal procedures and meeting strict deadlines. The process typically unfolds in several stages.
Investigation and Case Preparation
Before filing, an attorney investigates the circumstances surrounding the death. This involves gathering medical records, accident reports, witness statements, employment records, and other evidence. Expert witnesses may need to review the case to establish negligence and causation.
Filing the Lawsuit
Once sufficient evidence exists, the attorney files a petition with the appropriate Texas court. This document names the defendants, describes how their actions caused the death, and specifies the damages sought. The defendants then receive formal notice of the lawsuit.
Discovery Phase
Both sides exchange information through written questions, document requests, and depositions. This phase allows each party to understand the other’s evidence and arguments. Discovery can take several months or longer in complex cases.
Settlement Negotiations
Many wrongful death cases settle before trial. Attorneys negotiate with insurance companies and defense lawyers to reach a fair settlement. Settlement avoids the uncertainty of trial and provides compensation more quickly.
Trial
If settlement negotiations fail, the case proceeds to trial. A jury hears evidence from both sides and determines whether the defendant is liable and what damages to award. Trials can last days or weeks, depending on the case complexity.
Time Limits for Filing in Texas
Texas law imposes a two-year statute of limitations on wrongful death claims. Families generally must file their lawsuit within two years of the date of death. Missing this deadline typically means losing the right to pursue compensation forever.
Limited exceptions exist. For instance, if the death resulted from a crime and criminal charges are pending, the statute of limitations may be tolled. Cases involving minors or other special circumstances may have different deadlines.
Given these strict time limits, families should consult an attorney soon after a loved one’s death, even if they’re not ready to make immediate decisions about litigation.
How Much Is a Wrongful Death Settlement in Texas?
Wrongful death settlements in Texas vary dramatically based on the specific circumstances of each case. No average or typical amount exists because every situation involves different factors.
Settlement values depend on several elements:
Economic Damages: These include the financial support the deceased would have provided, lost benefits, funeral and burial expenses, and medical bills before death.
Non-Economic Damages: Texas law allows recovery for loss of companionship, mental anguish, and loss of guidance and counsel. These damages compensate for the emotional impact of losing a loved one.
Punitive Damages: In rare cases involving gross negligence or intentional misconduct, juries may award punitive damages to punish the defendant.
Cases involving young wage earners with decades of earning potential ahead typically result in higher settlements than cases involving elderly individuals. Similarly, deaths caused by particularly egregious conduct may yield larger awards.
At Jay Murray Law, we carefully evaluate each case’s unique factors to determine a fair compensation amount. Insurance companies often make low initial offers, hoping families will accept less than their claims are worth. Experienced legal representation helps families secure settlements that truly reflect their losses.
What Is the Success Rate of Wrongful Death Lawsuits?
No reliable statistics exist for wrongful death lawsuit success rates because most cases settle before trial. The vast majority of wrongful death claims resolve through negotiated settlements rather than jury verdicts.
Success depends heavily on the strength of the evidence, the skill of the legal representation, and the specific facts of each case. Cases with clear liability and substantial damages typically have better outcomes than cases where fault is disputed or damages are limited.
Working with an experienced wrongful death attorney significantly improves the chances of a favorable outcome. Attorneys who regularly handle these cases understand how to build compelling evidence, counter defense arguments, and negotiate effectively with insurance companies.
Hurt? Let Jay and His Team Help You
Call for YOUR FREE Case Review
Who Gets the Money in a Wrongful Death Lawsuit?
Texas law divides wrongful death proceeds among the surviving spouse, children, and parents according to their losses. The court does not mandate a specific distribution formula. Instead, if the family members cannot agree on how to divide the settlement or award, a jury determines each person’s share based on their individual losses.
Factors affecting distribution include each family member’s relationship with the deceased, their financial dependence on the deceased, and the emotional impact they suffered.
A surviving spouse who lost a primary breadwinner might receive a larger share than adult children who were financially independent.
When the estate’s personal representative files the claim, the recovery still goes to the eligible family members, not to the estate itself. This protects the wrongful death proceeds from the deceased person’s creditors.
Why Legal Representation Matters
Wrongful death cases involve complex legal issues, substantial investigation, expert testimony, and aggressive insurance company tactics. Families grieving a loss face enormous pressure and often lack the knowledge to evaluate settlement offers or navigate legal procedures.
At Jay Murray Law, we handle the legal burdens so families can focus on healing. We investigate claims thoroughly, hire necessary experts, handle all communication with insurance companies, and fight for maximum compensation. Our experience with Texas wrongful death law means we understand the strategies that lead to successful outcomes.
Moving Forward After Loss
No lawsuit can replace a lost loved one or fully compensate for the void their absence creates. However, wrongful death claims serve important purposes. They provide financial security for families facing unexpected expenses and lost income. They hold negligent parties accountable. They can also prevent similar tragedies by encouraging safer practices.
If you’ve lost a loved one due to someone else’s actions, you don’t have to face the legal system alone. Jay Murray Law stands ready to evaluate your case, explain your options, and fight for the justice your family deserves. Contact us to discuss your situation and learn how we can help during this difficult time.
Related Article(s)
Getting Wrongful Death Settlement Help in Texas
Infant Wrongful Death Settlements: Key Information for Bereaved Families
Call (214) 855-1420
