Losing someone you love because another person didn’t act responsibly changes everything. Whether it happened in a crash, on someone’s property, or because a company put profits ahead of safety, the impact reaches every part of life. Bills pile up. The absence becomes constant. And it all happened because someone else failed to do the right thing.
When families need answers and support, working with a Texas wrongful death lawyer can make all the difference. Legal action won’t bring your loved one back, but it can help hold the responsible party accountable and give your family some financial stability during an already painful time.
At Cowen | Rodriguez | Peacock, we’ve worked with grieving families across Texas. Our team is committed to handling these cases with care, precision, and determination. We take the legal burden off your shoulders so you can focus on your family. Reach out today for a free consultation. Let’s talk about what happened and how we can help.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
Understanding Wrongful Death Claims in Texas
A wrongful death claim lets certain family members take legal action when someone’s careless or intentional actions cause a loved one’s death. Texas law lays out how these claims work, who can file them, and what types of damages may be available.
In Texas, a wrongful death claim is different from a survival claim. A wrongful death case focuses on the harm the family suffers because of the person’s death. A survival claim focuses on the pain and losses the person experienced before they passed away, and it’s brought by their estate.
These two claims can sometimes be filed together, but they serve different purposes under the law.
What Constitutes Wrongful Death in Texas?
Not every accidental death leads to a wrongful death lawsuit. Under Texas law, a wrongful death occurs when someone loses their life because another person or company failed to act responsibly or acted with intent to cause harm.
The law allows certain family members to pursue legal action and seek financial recovery for what they’ve lost. Below are the key components that make up a wrongful death case in Texas, along with some of the most common causes.
Elements Required to Prove Wrongful Death
To move forward with a wrongful death claim, the family must prove several things:
- A person died
- Another party’s wrongful act, neglect, carelessness, or unskillfulness caused the death
- The deceased would have had a legal claim if they had survived
- The surviving family suffered harm because of the death
These cases often come down to proving that someone had a legal duty, didn’t meet that duty, and that failure led directly to the loss of life.
Common Causes of Wrongful Death Cases
Wrongful deaths in Texas happen in many different ways, but the following situations are among the most frequent:
- Car Accidents: Traffic collisions are one of the most common sources of wrongful death claims. A drunk, distracted, or speeding driver can cause fatal harm in seconds. These cases often involve negligence, and families may have legal options even if the at-fault driver was not arrested.
- Truck Accidents: Large commercial vehicles can cause devastating damage, especially when companies cut corners on safety. Drivers may be overworked, trucks may be overloaded, or maintenance may be ignored. When a tractor-trailer causes a fatal crash, the trucking company may share responsibility along with the driver.
- Pedestrian Accidents: Drivers who fail to yield, speed through crosswalks, or drive distracted can seriously injure or kill someone on foot. Pedestrian deaths are especially common in areas with poor lighting, limited signage, or high traffic speeds. The driver’s actions, road conditions, and city planning may all play a role.
- Premises Liability Accidents: Property owners have a legal duty to keep their premises reasonably safe. If someone dies because of a fall, fire, drowning, or other hazard on another person’s property, the family may have grounds for a claim. These cases often involve apartment complexes, swimming pools, hotels, retail stores, or job sites.
- Defective Products: When a product doesn’t work as intended and causes a death, the manufacturer, distributor, or retailer may be liable. These claims can involve unsafe machinery, faulty car parts, dangerous drugs, or everyday consumer items. Proving the defect and connecting it to the fatal incident is key to these cases.
The Role of Negligence and Liability
Negligence means someone didn’t act with reasonable care, and that failure caused harm. Liability refers to legal responsibility. In wrongful death claims, the plaintiff must show that the defendant’s actions (or failure to act) directly caused the death. Sometimes multiple parties may be legally responsible, such as when both a driver and an employer played a role in the fatal incident.
Establishing fault requires evidence, including documents, expert analysis, and testimony. A strong legal claim clearly shows how the person died, what went wrong, and who should be held accountable.
Types of Damages Available in Texas Wrongful Death Cases
When a loved one dies because of someone else’s actions, the law allows certain family members to seek financial recovery. These damages fall into different categories.
Economic Damages
These losses come with a clear dollar amount, such as:
- Medical costs related to the final injury or illness
- Funeral and burial expenses
- Lost income and financial support the deceased would have provided
These amounts can add up quickly, especially if the person supported dependents or had many working years ahead.
Non-Economic Damages
These relate to personal loss and grief, such as:
- Emotional pain from losing a loved one
- Loss of companionship, guidance, or support
- Loss of care the deceased provided
Although harder to measure in dollars, these damages reflect the true cost of losing someone close.
Punitive Damages in Cases of Gross Negligence
When the at-fault party acted with extreme recklessness or intentional harm, the court may award punitive damages. These are meant to punish the wrongdoer and send a message to others.
Punitive damages aren’t awarded in every case. They usually require strong proof of serious wrongdoing, like drunk driving or corporate misconduct.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law limits who can bring a wrongful death claim. These rules aim to protect the closest surviving family members and ensure the right people benefit from any recovery.
Eligible Family Members Under Texas Law
The following people can file a wrongful death claim in Texas:
- Spouse of the deceased
- Children (including adopted children)
- Parents (including adoptive parents)
Other family members, like siblings or grandparents, generally aren’t allowed to file unless they were legally adopted or had a special legal connection.
Hierarchy of Beneficiaries
All eligible parties can file together, or one person can file on behalf of the others. If none of the family members bring a claim within three months, the personal representative of the estate may be allowed to do so, unless a family member objects.
Time Limitations and Legal Standing
You must have legal standing to bring a claim, which means you have a recognized relationship with the person who died and a legal reason to seek damages.
Filing on time is also key. If the clock runs out, the court may throw out the case, even if the facts are strong.
Texas Wrongful Death Statute of Limitations
Wrongful death claims in Texas usually must be filed within two years of the date of death. This legal deadline is strict, and missing it can bar recovery.
Some exceptions may extend the timeline. For example:
- If the claimant is a minor when the death occurs
- If the wrongful act was hidden or involved fraud
- If the person responsible leaves the state for a period of time
Even with these exceptions, waiting too long can make it harder to collect evidence or find witnesses. Starting early improves your chances of a successful outcome.
How Much Can You Recover in a Texas Wrongful Death Case?
No two wrongful death cases are alike, and the amount a family may recover depends on several factors. These include the details of the incident, the person’s age and income, and the emotional impact on surviving family.
Factors That Influence Settlement Amounts
Courts and insurance companies look at:
- The age, health, and earning ability of the deceased
- How much support the family relied on from the deceased
- Whether the at-fault party acted recklessly or maliciously
- The strength of the evidence
The more clearly the evidence shows fault and damage, the more likely a higher recovery becomes.
Calculating Economic and Non-Economic Losses
An attorney may work with economists, doctors, and other experts to estimate both the tangible and intangible impact of the death. These calculations cover both financial losses and personal suffering.
How Our Attorneys Can Help
Handling a wrongful death case involves more than just paperwork. Our lawyers at Cowen | Rodriguez | Peacock take a hands-on approach to help families from start to finish.
We begin by listening carefully. Once we understand what happened, we take steps to build a strong claim.
Thorough Case Investigation and Evidence Collection
Our team gathers police reports, medical records, witness statements, and video footage. We also work to preserve key evidence early before it disappears.
Expert Witness Coordination and Testimony
We work with forensic specialists, accident reconstructionists, and economic experts to explain what went wrong and what the losses look like.
Negotiation with Insurance Companies and Opposing Counsel
Many wrongful death cases settle before trial. We negotiate firmly to hold the other side accountable and avoid lowball offers. If the insurance company refuses to be fair, we prepare for court.
Trial Representation and Litigation Support
When needed, we present the case in front of a judge or jury. Our attorneys have handled wrongful death trials across Texas and know how to explain complex issues in plain terms.
Guidance Through the Emotional and Legal Complexities
Families often have questions throughout the process. We’re available to answer them. We keep you informed, explain next steps, and take on the legal stress so you don’t have to.
Why Choose Our Firm
Cowen | Rodriguez | Peacock has helped families across Texas seek justice after preventable deaths. Our experience and personal approach set us apart.
Years of Experience in Texas Wrongful Death Cases
We’ve handled cases involving car accidents, dangerous products, property hazards, and more. We know what to expect and how to prepare.
Track Record of Successful Settlements and Verdicts
We’ve recovered significant results for clients in wrongful death lawsuits, both in negotiations and in courtrooms.
Compassionate Approach to Client Service
We treat every client like family. You’re not just another case. You deserve honesty, respect, and real support throughout the process.
No Fees Unless We Recover Compensation for You
You don’t pay us unless we recover money for your family. We cover upfront costs and only get paid if the case results in financial recovery.
Local Knowledge of Texas Courts and Legal Procedures
We know Texas law and the local court systems. We use that knowledge to help move cases forward efficiently and effectively.
Texas Wrongful Death FAQs
Can I file a wrongful death claim if criminal charges are also pending?
Yes. A civil wrongful death claim is separate from criminal charges. You can file your lawsuit while the criminal case is ongoing, and you don’t have to wait for a verdict.
What if the deceased was partially at fault for the accident?
Texas follows a comparative fault system. If your loved one was partly responsible, the damages may be reduced. If they were more than 50% at fault, the family may not recover damages.
How long does a wrongful death case typically take to resolve?
Some cases settle within months. Others may take over a year, especially if the case goes to trial. The timeline depends on the complexity of the facts and how the other side responds.
What documentation do I need to support my claim?
Helpful records include death certificates, police reports, medical records, and financial documents showing income and support. Our team can help gather and organize these materials.
Can I still file if there was no will or estate planning?
Yes. A wrongful death claim is separate from a will. If you’re an eligible family member, you can still file even if no estate planning was in place.
Our Compassionate Wrongful Death Attorneys in Texas Are Ready to Help
If someone else's actions caused your loved one’s death, don’t wait to seek legal support. These cases are time-sensitive, and early action helps protect your rights and build a strong case. Cowen | Rodriguez | Peacock offers a free and confidential consultation. Call us at (210) 941-1301 to schedule a time that works for you. We’re ready to listen, answer your questions, and help your family move forward.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.