Losing a loved one because someone else didn’t act carefully leaves more than grief behind. You may be trying to hold your family together, handle funeral arrangements, deal with bills, and make decisions you never thought you’d have to make. During this time, you might wonder, how can an attorney help after the loss of a loved one? The short answer is this: an attorney can help by lifting the legal burden off your shoulders and giving you a clear path to pursue justice and financial recovery.
A wrongful death lawyer doesn’t just file paperwork. The right legal team builds a case, holds the at-fault party accountable, and helps your family seek the maximum compensation available under Texas law. That support can make a difference in how you move forward.To learn more about how an attorney can help you and your family during this difficult time, contact a wrongful death lawyer near you for a free consultation. They can explain your rights and options for bringing a claim and represent you throughout the process.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Wrongful Death and Its Emotional/Financial Impact on Families
Wrongful death happens when someone dies because of another person or company’s careless or reckless actions. It could be from a crash, a fall, a dangerous product, or something else entirely. The death wasn’t natural or expected. It was preventable.
For the surviving family, the effects aren’t just emotional. Families often lose the person who helped pay bills or cared for children. Funeral costs, medical bills from the final days, and sudden loss of income can pile up quickly. Even day-to-day life gets harder without the guidance and presence of the one who died.
Acknowledge the Difficulty of Legal Decisions During Grief
No one wants to think about lawsuits when they’re mourning. Legal matters usually feel far away from what really matters. But time can move fast after a death. Bills show up. Employers stop paying benefits. Insurance companies may call with questions or even lowball offers. It’s not just about grief. It’s about protecting what the person who died would have wanted for their family.
A wrongful death attorney helps families make sense of what needs to happen and when. They can also stop outside parties from pressuring you into making rushed choices.
How Legal Representation Can Provide Support and Justice
Hiring an attorney means you don’t have to handle this alone. The lawyer becomes your advocate. They deal with the legal process, explain your rights, and put together the strongest case possible. When someone else caused the death, that person or company should be held responsible. A wrongful death claim helps make that happen. It can also help secure the financial support your family needs moving forward.
Establish the Importance of Understanding Your Rights and Options
Texas law gives families a path to take action after wrongful death. But the law also limits how long you have to do it. Insurance companies and defense attorneys already know the rules and how to use them in their favor. Families who understand their rights have a better chance of reaching a fair outcome. That’s where legal guidance helps. The right team will explain your options and help you choose what’s best for your family.
What Are Wrongful Death Claims?
When someone dies because of another’s negligence, Texas law allows certain family members to bring a wrongful death lawsuit. This is separate from any criminal charges the person might face.
Under Texas Civil Practice & Remedies Code §71.002, a wrongful death happens when a person dies due to someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default.” This could apply to people or companies.
Types of Incidents That Can Lead to Wrongful Death Claims
Many situations can lead to a wrongful death case, including:
- Car accidents caused by speeding, texting, or driving under the influence
- Truck accidents where drivers or trucking companies violate safety rules
- Pedestrian accidents at crosswalks or in neighborhoods
- Slip and fall incidents on dangerous property
- Defective products that fail during normal use and cause fatal injuries
Difference Between Wrongful Death and Criminal Charges
A wrongful death lawsuit is a civil action. It doesn’t send anyone to jail. Instead, it asks the court to make the at-fault party pay damages to the family. That’s different from a criminal case, which the state brings to punish someone for breaking the law. Both can happen after the same death, but one doesn’t replace the other.
Who Can File a Wrongful Death Lawsuit?
Not everyone can bring a wrongful death lawsuit. Texas law gives that right to specific people.
Immediate Family Members
- Spouses can bring a claim after losing their husband or wife. That includes both legal and common-law spouses.
- Children, even adult children, can file a wrongful death lawsuit for the death of a parent. Adopted children may also qualify.
- Parents of an unmarried adult or minor child can bring a claim. That includes both biological and adoptive parents.
Other Potential Claimants
- Dependent relatives such as siblings or grandparents sometimes qualify if they relied on the person for support. Texas law limits these claims, but a lawyer can review the situation.
- Life partners or longtime companions may qualify in some states, but Texas law doesn’t currently allow wrongful death claims unless there’s a legal marriage.
- Estate representatives may also file a survival action, which is different from a wrongful death claim. That type of claim seeks damages the deceased could’ve recovered if they had lived.
What Damages Can Be Recovered in Wrongful Death Cases?
Wrongful death lawsuits seek financial recovery for losses tied to the person’s death. That includes both money-related losses and personal harms.
Economic Damages
These are direct financial losses, such as:
- Lost future income and benefits the person would have earned
- Medical bills from efforts to save the person’s life
- Funeral and burial expenses paid by the family
Non-Economic Damages
These cover harder-to-measure losses, including:
- Loss of companionship from a spouse, parent, or child
- Emotional pain and suffering experienced by close family
- Loss of guidance that children may no longer receive
Juries or insurance companies review evidence to decide what these losses are worth. A lawyer helps present that evidence in the strongest possible way.
How Do You Prove Negligence in a Wrongful Death Case?
To hold someone legally responsible for a wrongful death, the family needs an attorney to prove negligence. That means showing the other party failed to act with reasonable care.
Establishing the Four Elements
A wrongful death case must prove these four elements:
- Duty of care: The other party had a responsibility to act safely
- Breach of duty: They failed to meet that responsibility
- Causation: Their actions caused the death
- Damages: The death caused measurable losses
For example, a driver who runs a red light and hits a pedestrian breaches a legal duty. If the pedestrian dies, that breach directly caused damages.
Evidence Collection and Preservation
Strong cases rely on strong evidence, such as:
- Medical records showing the cause of death
- Expert testimony explaining what happened
- Accident reconstruction reports
- Witness statements from people who saw the event
- Photos or video from the scene
A lawyer helps gather and protect this evidence quickly before it disappears.
The Legal Process for Wrongful Death Claims
Wrongful death cases move through several steps. Each step builds the case and helps prepare for either settlement or trial.
Filing Requirements and Deadlines
Texas gives families two years from the date of death to file a wrongful death lawsuit. If you miss that window, the court may throw out the case. Some exceptions apply, but most families must act within that time.
Investigation and Discovery Phase
After filing the lawsuit, both sides exchange information. This includes depositions, documents, and expert reports. It’s a detailed process that helps uncover what really happened and who’s responsible.
Settlement Negotiations vs. Trial
Sometimes, the other side agrees to settle after seeing the evidence. Other times, they delay, deny, or lowball offers. If that happens, the case may go to trial. A judge or jury then decides the outcome.
Timeline Expectations and Case Duration
Some cases settle within months. Others take longer, especially if the at-fault party refuses to take responsibility. A wrongful death lawyer can explain what to expect based on the case details.
How Our Attorneys Can Help
You don’t have to figure this out alone. At Cowen | Rodriguez | Peacock, we help families build strong wrongful death claims from the ground up.
Comprehensive Case Evaluation and Legal Strategy Development
We start by reviewing your case for free. Then we explain your options and build a strategy based on your goals.
Evidence Gathering and Expert Witness Coordination
We handle the tough work of collecting records, contacting witnesses, and working with professionals who help prove your claim.
Handling Insurance Companies and Opposing Counsel
Insurance companies try to settle for as little as possible. We deal with them directly and fight for the maximum compensation available.
Maximizing Compensation While Minimizing Family Stress
You focus on healing. We focus on building your case and securing the financial support your family needs.
Providing Compassionate Guidance Through the Legal Process
We keep you informed, answer questions promptly, and treat your family with care and respect every step of the way.
No Upfront Costs With Contingency Fee Arrangements
We only get paid when we recover money for you. That means no out-of-pocket costs while the case moves forward.
Why Choose Our Firm
Choosing the right attorney matters. Here’s what sets us apart.
Proven Track Record With Wrongful Death Cases
We’ve helped many families in Texas seek justice after the unexpected loss of a loved one.
Experienced Trial Attorneys With In-Depth Legal Knowledge
We’re comfortable in the courtroom and ready to take your case to trial if the other side refuses to do the right thing.
Personalized Attention and Dedicated Case Management
We don’t hand your case off to junior staff. Our attorneys stay involved and communicate with you directly.
Resources to Handle Complex Investigations and Expert Testimony
We have the tools and connections to dig deep and uncover the truth, no matter how complicated the situation.
Strong Relationships With Medical Professionals and Accident Reconstruction Specialists
Our network of professionals helps us present the strongest case possible.
Commitment to Achieving Justice for Grieving Families
We believe accountability matters. Our firm stands by families from the first call to the final resolution.
Frequently Asked Questions About Wrongful Death Claims
What if the at-fault party doesn't have insurance?
You may still have options. In some cases, claims can be made against other liable parties or through uninsured motorist coverage. A lawyer can help explore all sources of recovery.
Can I still file a claim if there was a criminal case?
Yes. A wrongful death lawsuit is separate from a criminal trial. Even if the defendant is convicted or acquitted, you may still file a civil claim.
What if my loved one was partially at fault?
Texas uses proportionate responsibility rules. If your loved one was less than 51 percent at fault, the family may still recover damages, though the amount might be reduced.
How are wrongful death settlements distributed?
Texas courts may oversee how the money is split among family members. Factors like closeness to the deceased and financial dependence play a role.
Will I have to go to court?
Not always. Many cases settle before trial. However, if the at-fault party refuses to accept responsibility, the case may go before a judge or jury.
Let Our Attorneys Help
Texas law limits how long you have to act after a wrongful death. Waiting too long could mean missing the chance to hold the responsible party accountable. At Cowen | Rodriguez | Peacock, we’re here to help your family move forward.
We offer a free case evaluation to review what happened and explain how the law applies. You won’t pay anything upfront. We only receive a fee if we recover money for you.
You don’t have to handle this alone. Let our wrongful death attorneys support your family, fight for justice, and pursue the maximum compensation available under the law. Contact us today to get started.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.