A defendant doesn’t need to have intended harm for their actions to create legal liability for a fatality. A wrongful death claim in Texas frequently centers on proving that a person or company acted with negligence or carelessness, not malice.
An experienced wrongful death attorney can evaluate the specific circumstances of a loss to determine if a defendant's failure to act with reasonable care provides the basis for a lawsuit.
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Key Takeaways for a Wrongful Death Claim in Texas
- Texas law defines specific individuals, primarily the surviving spouse, children, and parents, who can file a wrongful death action.
- The foundation of a claim rests on proving that a wrongful act, carelessness, or neglect led to the death.
- Families may seek recovery for specific losses, including lost earning capacity, loss of companionship, and mental anguish.
- Texas law sets a strict time limit, known as the statute of limitations, for initiating a legal action.
- A wrongful death lawyer investigates the incident to establish liability and builds the case for financial recovery.
Wrongful Death in Texas
A wrongful death case is a civil action, distinct from any criminal charges the state might pursue. The Texas wrongful death statute allows certain surviving family members to file a lawsuit against a person, company, or other entity whose actions caused their loved one's fatality.
This legal action seeks to recover damages for the losses suffered by the surviving family members.
The core of the case isn’t just that a death occurred. Your attorney must connect the death directly to the defendant's conduct. This means demonstrating that the death likely would not have happened if not for the defendant’s wrongful act.
The Standard of Proof in Civil Cases
Proving a wrongful death case requires a lower standard of proof than a criminal case. In a civil lawsuit, your lawyer works to show that it’s more likely than not that the defendant's actions caused the death.
What Constitutes a Wrongful Act?
The law uses broad terms to cover a range of situations. You don't have to show that the person intended to cause harm. A successful case often centers on proving negligence causing death, which can involve many scenarios.
Common actions that lead to wrongful death claims include:
- Driver Negligence: A driver who causes a fatal collision while texting on I-10 in San Antonio has acted wrongfully.
- Unsafe Property: A commercial property owner may be liable when a failure to fix a dangerous condition at a place like La Cantera leads to a fatal fall.
- Defective Products: A manufacturer can be held responsible when a defective product malfunctions and results in a user's death.
- Workplace Accidents: A company's failure to provide a safe work environment can serve as the basis for a claim if it results in a fatal accident.
Establishing the Basis for a Lawsuit
To pursue a wrongful death claim in Texas, an attorney often develops a case that demonstrates four key elements. The family doesn’t need to gather this evidence alone; a lawyer handles the entire investigation and legal work.
A lawyer’s investigation identifies who is legally responsible, and in some situations, multiple parties may share liability. For example, in a commercial truck wreck on Loop 410, the liable parties may include the truck driver, the trucking company, and even the vehicle's maintenance provider.
1. Duty of Care
The first step involves showing that the defendant owed your loved one a legal duty of care. This is a legal obligation to act with a certain level of caution to avoid harming others. For instance, all drivers have a duty to operate their vehicles safely and follow traffic laws to protect others on the road.
2. Breach of Duty
Next, a lawyer gathers evidence to show the defendant breached, or violated, that duty of care. A driver who runs a red light at a busy intersection in downtown San Antonio has breached their duty to drive safely.
Similarly, a doctor who fails to provide a competent level of medical care breaches their duty to a patient.
3. Causation
The third element links the breach of duty to the fatality. Your lawyer must demonstrate that the defendant's specific action, or lack of action, was a cause of the death. It’s not enough that the defendant acted carelessly; their carelessness must be what led to your loved one’s passing.
4. Damages
Finally, your wrongful death claim must prove that the death resulted in actual damages. These are the specific, calculable losses that qualifying family members have experienced. Your legal team works to show the full extent of the financial and emotional harm your family has sustained.
Identifying All Responsible Parties
A thorough investigation by an attorney frequently reveals that liability for a death extends beyond a single individual's mistake. In many fatal incidents, corporations or other entities bear significant responsibility.
Pursuing a case requires a lawyer who can trace the chain of causation to every party whose wrongful acts contributed to the loss. This process is critical for holding the right parties accountable.
An attorney helps after a wrongful death by analyzing corporate policies, maintenance logs, and governmental regulations to uncover systemic failures that led to the fatal event. This work creates a more complete picture of why the incident happened.
Corporate Liability
Companies have a legal duty to operate safely by properly training employees, maintaining equipment, and creating safe products. When a corporation puts profits ahead of safety, its systemic failures can lead to preventable deaths.
An attorney's investigation may uncover various forms of systemic negligence, such as:
- Lax Safety Protocols: A trucking company may be found liable for pressuring its drivers to violate federal hours-of-service rules, which leads to a fatigue-related crash.
- Defective Manufacturing: A manufacturer can be held accountable for cutting corners on product testing, resulting in the public release of a dangerous and fatal item.
- Inadequate Training: An industrial company may be responsible for failing to provide its workers with the proper training or equipment to handle hazardous materials safely.
Premises Liability
Property owners and managers have a duty to keep their premises reasonably safe for visitors. This applies to shopping centers, apartment complexes, hotels, and even private residences. When they fail to address a known hazard, and that failure leads to a death, they can be held liable.
For example, a fatal slip and fall may result from a manager's failure to clean a spill at a local San Antonio grocery store.
Inadequate security at an apartment building near Phil Hardberger Park that leads to a violent crime can also form the basis for a lawsuit against the property management company.
Who Can File a Wrongful Death Claim in Texas
The Texas wrongful death statute is particular about who can initiate legal action; not every grieving family member has the legal standing to file. The law restricts this right primarily to three specific groups of relatives.
The primary individuals who can pursue a claim are:
- Surviving Spouse: The person legally married to the deceased at the time of their death is permitted to file a claim.
- Children: Both biological and legally adopted children of any age possess the legal right to file a lawsuit.
- Parents: The biological or adoptive parents of the deceased are also included as eligible filers under the statute.
Eligible individuals may file the claim either individually or as a group. They have an exclusive right to do so for the first three calendar months after the date of death.
If none of the eligible family members file a lawsuit within those three months, the law then permits the personal representative (the executor or administrator) of the deceased's estate to file the wrongful death claim, unless a surviving family member has specifically requested that no lawsuit be filed.
Under Texas law, siblings of the deceased aren’t permitted to file a wrongful death lawsuit. A long-term committed partner who wasn’t legally married also lacks standing to file, unless the relationship qualifies as a legally recognized common-law marriage.
Wrongful Death Compensation Available for Families
A wrongful death lawsuit allows families to seek compensation for a series of losses they now face because of their loved one's passing. The objective is to provide financial support for the tangible and intangible harms that result from the death.
A lawyer carefully calculates these damages to reflect the full scope of your family’s loss, and the law generally separates them into two types: economic damages, which have a clear monetary value, and non-economic damages, which compensate for emotional and personal losses.
There is a third category, exemplary damages, but it’s reserved for specific circumstances.
An attorney may pursue different types of compensation, including:
- Lost Earning Capacity: This calculation represents the income the deceased would have likely earned over their lifetime and contributed to the family.
- Loss of Inheritance: This addresses the value of assets the surviving family members would have inherited from the deceased if they had lived a full life.
- Mental Anguish: This accounts for the severe emotional pain and suffering of the surviving spouse, children, and parents.
- Loss of Companionship: This addresses the loss of the unique love, comfort, and society the deceased provided to their family.
A Related Legal Action: The Texas Survival Statute
In conjunction with a wrongful death claim in Texas, your attorney may also file a survival action on behalf of the deceased person’s estate. While the two actions are related and stem from the same event, they serve different purposes and compensate for different losses.
The law sees these two claims as distinct. A wrongful death claim addresses the losses suffered by the living family members. A survival action addresses the losses suffered by the deceased person before their death.
An attorney can determine if the facts of your case support bringing both types of actions. Filing both allows a more complete legal approach to securing financial recovery for the full range of harms that the at-fault party caused.
Compensation in a Survival Action
A survival action seeks compensation for what the deceased person experienced between the moment of the incident and the moment of their death, which can include recovery for the deceased’s conscious pain and suffering.
A lawyer works to demonstrate the physical pain and mental anguish the person endured before they passed away. It can also include recovery for medical expenses incurred to treat their final injuries and, in limited situations, for funeral and burial expenses.
Any compensation recovered through a survival action is distributed to the deceased's estate and then to their heirs, according to the terms of their will or state law.
FAQ for a Wrongful Death Claim in Texas
What Is the Time Limit To File a Wrongful Death Lawsuit in Texas?
In Texas, the statute of limitations for most wrongful death lawsuits is two years from the date of the person's death. There are very limited exceptions to this rule. Acting promptly helps protect your family's right to pursue legal action.
Who Receives the Compensation in a Wrongful Death Case?
Any compensation recovered is divided among the eligible family members who are part of the claim. A court often approves the final distribution to make certain it’s fair, but the specific allocation can depend on the unique losses of each individual family member.
Can We File a Claim if Our Loved One Was Partially at Fault for the Incident That Caused Their Death?
Yes, Texas follows a proportionate responsibility rule, which means a family may still recover damages if the deceased person was 50% or less at fault for the incident that caused their death. Any award would be reduced by the percentage of fault attributed to them.
What if the At-Fault Party Faces Criminal Charges?
A civil wrongful death claim in Texas is a completely separate legal process from any criminal charges. The outcome of a criminal case doesn’t directly control the outcome of your civil claim.
You can pursue a civil case for financial damages regardless of whether the state files criminal charges or even if the person is found not guilty in criminal court.
Do We Have To Go to Court for a Wrongful Death Claim?
Many wrongful death cases are settled through negotiations before a trial becomes necessary. The attorneys at Cowen Law prepare every case as if it will go to trial, which often places our clients in a stronger position during settlement talks.
The decision to accept a settlement or proceed to court remains with your family.
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The attorneys at Cowen Law handle these sensitive cases with compassion and determination. We focus on building a strong legal case while you focus on healing.
If your family has lost someone due to another person's actions, please contact us through our online form to learn how we can assist you.