The loss of a loved one is always a devastating experience, but it can be even more painful when their death was caused by someone else’s negligence or wrongful actions. In Texas, families who lose a loved one in such circumstances have the legal right to pursue a wrongful death claim. These claims provide a pathway to justice and financial recovery, helping families cope with the financial and emotional burdens of their loss. Understanding the basics of wrongful death claims can empower grieving families to take the necessary steps toward accountability and compensation.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. Common situations that may lead to wrongful death claims include:
- Car Accidents: Fatal crashes caused by drunk drivers, distracted drivers, or reckless behavior.
- Workplace Accidents: Fatal injuries on construction sites, in oilfields, or offshore due to unsafe conditions or lack of proper safety measures.
- Defective Products: Deaths caused by dangerous or defective products, such as faulty machinery, unsafe pharmaceuticals, or defective vehicles.
- Medical Malpractice: Fatalities resulting from medical errors, misdiagnoses, or substandard care.
- Criminal Acts: Intentional acts of violence or criminal negligence leading to death.
Wrongful death claims are civil cases and are separate from any criminal charges that may also be filed against the responsible party.
Who Can File a Wrongful Death Claim in Texas?
In Texas, the law specifies which family members are eligible to file a wrongful death claim. Generally, these include:
- The deceased person’s spouse.
- The children of the deceased, including adopted children.
- The deceased person’s parents.
If none of these individuals files a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim, unless the family specifically requests otherwise. Siblings, whether biological or adopted, are not permitted to file wrongful death claims in Texas.
What Damages Are Recoverable?
A wrongful death claim seeks to compensate surviving family members for both economic and non-economic losses resulting from their loved one’s death. Damages may include:
- Economic Damages:
- Funeral and burial expenses.
- Loss of financial support, including the deceased’s future earnings.
- Loss of inheritance that the deceased would have provided.
- Non-Economic Damages:
- Loss of companionship, love, and emotional support.
- Mental anguish experienced by surviving family members.
- Loss of care, advice, and nurturing from the deceased.
In cases of gross negligence or intentional harm, families may also seek punitive damages, which are designed to punish the responsible party and deter similar behavior in the future.
How Are Wrongful Death Cases Proven?
To succeed in a wrongful death claim, the plaintiff must prove the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased. For example, drivers have a duty to follow traffic laws, and employers have a duty to provide a safe work environment.
- Breach of Duty: The defendant breached this duty through negligence, recklessness, or intentional actions.
- Causation: The breach of duty directly caused the death of the deceased.
- Damages: The death resulted in financial and emotional losses for the surviving family members.
Evidence such as accident reports, medical records, eyewitness testimony, and expert analysis often plays a critical role in proving these elements.
Why You Should Consult an Attorney
Wrongful death cases are emotionally charged and legally complex. Navigating Texas’s legal system while grieving can be overwhelming, and defendants—especially large corporations or insurance companies—often have teams of attorneys working to minimize their liability. An experienced wrongful death attorney can help by:
- Investigating the circumstances of the death.
- Identifying all liable parties.
- Calculating the full extent of damages.
- Negotiating with insurance companies or opposing counsel.
- Representing the family in court if a settlement cannot be reached.
An attorney can also ensure that the claim is filed within the statute of limitations, which in Texas is generally two years from the date of death.
Conclusion
While no legal action can ever replace the loss of a loved one, a wrongful death claim can provide the financial support and sense of justice needed to help families move forward. If you have lost a loved one due to someone else’s negligence or wrongful actions, Spagnoletti Law Firm is here to help. Contact us today at 713-804-9306 for a compassionate consultation. Let us guide you through this difficult time and work toward securing the justice and compensation your family deserves.