The sudden and unexpected loss of a loved one is devastating. When the negligence or misconduct of another causes that loss, the pain is compounded by a sense of injustice. In Texas, families have the right to seek compensation for their loss through a wrongful death claim. If you've lost a loved one due to someone else's negligence, a dedicated Texas wrongful death attorney can provide the compassionate support and aggressive legal representation you need to pursue justice, offering a sense of relief in a difficult time.

Understanding Wrongful Death in Texas

Understanding the legal definition of wrongful death in Texas can provide reassurance in a time of uncertainty. Texas law defines wrongful death as a death caused by the "wrongful act, negligence, carelessness, unskillfulness, or default" of another person or entity (Texas Civil Practice and Remedies Code, Section 71.002). This means that if someone's actions, or lack thereof, directly led to the death of your loved one, you may have grounds for a wrongful death lawsuit.

It's important to note that Texas has a statute of limitations of two years from the date of death to file a wrongful death claim. Failing to file within this timeframe typically results in losing your right to pursue compensation.

Types of Wrongful Death Cases We Handle

The Accident Avengers understand that a wrongful death case can arise from various circumstances. Our experienced attorneys handle a wide range of wrongful death claims, including:

Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents are a leading cause of wrongful death. According to the Texas Department of Transportation, 4,489 people were killed on Texas roadways in 2021. When these accidents are caused by distracted driving, drunk driving, speeding, or other forms of negligence, a wrongful death claim can help hold the responsible party accountable.

Workplace Accidents: Construction accidents, industrial accidents, and other workplace incidents can result in fatal injuries. The Bureau of Labor Statistics reported 469 fatal workplace injuries in Texas in 2021. If your loved one's death was caused by unsafe working conditions or employer negligence, we can help you pursue a claim.

Medical Malpractice: Errors by doctors, nurses, or other healthcare professionals can have tragic consequences. Wrongful death cases arising from medical malpractice may involve surgical errors, misdiagnoses, medication errors, or birth injuries. Studies estimate that medical errors contribute to more than 250,000 deaths nationally each year.

Defective Products: When a defective product causes a fatal injury, the manufacturer or distributor may be held liable. This can include faulty vehicles, machinery, or household products. The Consumer Product Safety Commission (CPSC) reports thousands of product-related deaths annually across the United States.

Premises Liability: Property owners must maintain safe premises. If a dangerous condition, such as a slip and fall hazard or inadequate security, leads to a fatal accident, a wrongful death claim may be warranted.

Nursing Home Abuse and Neglect: Sadly, vulnerable individuals in nursing homes can suffer fatal injuries due to abuse or neglect. This can include falls, bedsores, malnutrition, or medication errors.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, the right to file a wrongful death claim is specifically granted to certain family members, ensuring that those most directly affected by the loss have the opportunity to seek justice. The primary individuals authorized to file such a claim are:

• The surviving spouse

• The children of the deceased (whether they are minors or adults)

• The parents of the deceased

This carefully defined structure acknowledges the close familial bonds and the profound emotional and financial impact that the loss of a loved one has on these immediate family members, empowering them to take legal action.

Texas law sets a specific timeline for these actions. Initially, the surviving spouse, children, and parents have the exclusive right to file a lawsuit within three months of the deceased's passing. This period allows them to take the initial steps in seeking legal recourse while navigating their grief.

If none of these designated family members initiates a lawsuit within the initial three-month window, the right to file a claim shifts to the executor or administrator of the deceased's estate. This provision ensures that even if immediate family members are unable or unwilling to pursue a claim, the estate can still seek compensation for the wrongful death. The Texas Civil Practice and Remedies Code, Section 71.004, details these specific provisions.

Wrongful Death Claims vs. Survival Actions

It's important to understand that wrongful death claims are distinct from survival actions, though they are often filed together:

Wrongful Death Claims: These compensate the family members for their own losses resulting from the death.

Survival Actions: These allow the estate to recover damages the deceased could have recovered had they survived, including pain and suffering experienced before death, medical expenses, and lost wages. These claims are brought by the estate representative under Texas Civil Practice and Remedies Code, Section 71.021.

Damages Recoverable in a Texas Wrongful Death Claim

In a wrongful death lawsuit, families can seek compensation for various damages, encompassing both economic and non-economic losses. These damages aim to address the profound impact the deceased's passing has on the surviving family members:

Loss of companionship and society: This compensates for the intangible, emotional loss of the relationship with the deceased, including the loss of emotional support, guidance, and love.

Loss of inheritance: This accounts for the potential future wealth that the family would have inherited had the deceased lived a normal lifespan.

Loss of financial support: This covers the loss of income and economic contributions the deceased would have provided to the family, considering the deceased's earning capacity and potential career advancement.

Loss of household services: This includes the value of the services the deceased provided to the household, such as childcare, home maintenance, and other domestic tasks.

Loss of parental guidance: If the deceased was a parent, this compensates for the loss of parental guidance, nurturing, and moral support that the children would have received.

Medical expenses: Costs associated with the deceased's final medical treatment, including hospital bills, ambulance services, and other related costs.

Funeral and burial expenses: Costs related to the funeral and burial of the deceased, including funeral services, casket, burial plot, and other related expenses.

Mental anguish: The emotional pain, suffering, and psychological trauma experienced by the surviving family members as a direct result of the wrongful death.

The Impact of Comparative Negligence

Texas follows a "modified comparative negligence" rule with a 51% bar. This means that if the deceased was partially at fault for the incident that caused their death, this could affect the compensation awarded. If the deceased was found to be more than 50% responsible, recovery might be barred entirely. If they were less than 51% responsible, the damages would be reduced by their percentage of fault. Our attorneys will work to establish the full liability of the responsible parties and minimize any claimed comparative negligence.

Why You Need a Texas Wrongful Death Attorney

Navigating the legal complexities of a wrongful death claim is not only emotionally taxing but also requires a deep understanding of Texas law and procedural intricacies. A skilled Texas wrongful death attorney brings invaluable expertise to your case, ensuring that every aspect is handled with precision and care.

Comprehensive Investigation: We conduct a thorough and meticulous investigation into the circumstances surrounding the death. This involves gathering crucial evidence, such as police reports, witness statements, medical records, and expert testimonies. We reconstruct the events leading to the death to establish liability and build a strong case.

Accurate Damage Assessment: We work with economists and financial experts to accurately assess the full extent of your economic and non-economic losses. This includes projecting future lost income, evaluating the value of lost companionship, and quantifying the emotional impact of your loss.

Strategic Negotiation: Insurance companies are known for their tactics to minimize payouts. We handle all communication with insurance companies, leveraging our negotiation skills to secure a fair settlement reflecting your true value.

Meeting the Burden of Proof: In wrongful death cases, the plaintiff must prove negligence by a "preponderance of the evidence," meaning it's more likely than not that the defendant's negligence caused the death. Our attorneys are skilled at building compelling cases that meet this standard.

Aggressive Litigation: If a fair settlement cannot be reached, we are prepared to file a lawsuit and aggressively advocate for your rights in court. We prepare your case for trial meticulously, presenting compelling evidence and arguments to a judge and jury.

Compassionate Support and Guidance: We understand the emotional turmoil you are experiencing. We provide compassionate support throughout the legal process, offering guidance and answering your questions with sensitivity and understanding.

Seeking Justice and Closure

Losing a loved one is a profound and painful experience. While no amount of money can replace your loss, a wrongful death claim can provide financial security and a sense of justice. The Accident Avengers are committed to helping families in Texas seek justice and closure after the loss of a loved one.

Call the Accident Avengers today for a free consultation. Let us help you navigate this difficult time.