Losing someone you love because another person or a business acted carelessly is a traumatic and life-shattering experience. You may be consumed by grief, confusion, anxiety, and anger. You’re left trying to pick up the pieces of a life that feels permanently changed, all while worrying about how to keep your family afloat.
The idea of filing a Texas wrongful death lawsuit may be the last thing you need to think about right now, but for many families, it’s the first step toward securing financial stability and seeking justice for someone who can no longer speak for themselves.
If you’re considering legal action, you deserve to know what lies ahead. Knowing what to expect during a wrongful death lawsuit in Texas can provide some measure of clarity and comfort in a time like this. Call the San Antonio personal injury lawyers at Cowen | Rodriguez | Peacock for a free consultation if you have any questions or need legal guidance. We are here as allies and advocates for families devastated by the loss of a loved one.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Key Takeaways
- Texas law allows only certain family members to file a wrongful death lawsuit.
- To win a wrongful death case, your wrongful death attorney must prove that someone else’s negligence or wrongful act caused your loved one’s death and resulted in damages.
- Damages in Texas include both economic losses (such as lost income and funeral costs) and non-economic losses (like mental anguish and loss of companionship).
- Many wrongful death claims settle out of court, but trials remain possible if settlement negotiations fail.
- Wrongful death claims and survival actions are two different legal actions, but both may be available after a death.
- The timeline for a Texas wrongful death case varies widely depending on evidence, complexity, and whether the case settles or goes to trial.
- A knowledgeable attorney can help protect your rights, guide you through the process, and pursue the full compensation your family needs to move forward.
Who Can File a Wrongful Death Lawsuit in Texas?
If you’re coping with the loss of a family member, you may wonder whether you even have the right to bring a claim. Under the Texas wrongful death statute, the law restricts who can file. Only certain family members are allowed to pursue compensation for the loss.
Spouses, children, and parents of the deceased are the primary people entitled to file a wrongful death lawsuit in Texas. These individuals can file separately or join together in one claim. If no spouse, child, or parent files a lawsuit within three months of the death, the personal representative of the estate can bring the claim instead, unless the family specifically requests otherwise.
Please note, however, that under Texas law, siblings cannot file a wrongful death lawsuit, even if they were very close to the person who passed away. This restriction often surprises people who assume all immediate family members have the same legal rights after a loss.
Time Limits for Filing a Wrongful Death Lawsuit in Texas
Grief can make days and months blur together, but legal deadlines keep ticking. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of your loved one’s passing. That means you usually have two years to start the lawsuit in court.
There are rare exceptions that could extend this deadline, such as if the person bringing the claim is a minor or if the defendant concealed the cause of death through fraud. However, it’s unwise to rely on exceptions because courts interpret them strictly. Missing the filing deadline could mean losing your right to pursue compensation.
This is one reason many families speak with a lawyer sooner rather than later. Even if you’re unsure about moving forward, getting legal guidance can help protect your ability to act if you choose to file a claim.
Proving Wrongful Death in Texas
A successful Texas wrongful death case depends on proving certain facts about what happened and who was responsible. That’s why it’s so important to have an attorney who knows how to build strong evidence and present your family’s story clearly.
Specifically, your lawyer must demonstrate the following:
- A Duty of Care. The person or company you’re suing had some obligation to act safely. For example, drivers must obey traffic laws, and trucking companies must properly train their drivers.
- Breach of That Duty. The defendant failed in their duty through negligence, carelessness, or wrongful acts.
- Causation. The defendant’s actions directly led to your loved one’s death.
- Damages. The death resulted in measurable losses for the surviving family.
Proving these elements can require extensive evidence, such as accident reports, medical records, witness statements, and expert testimony. For instance, in commercial vehicle crashes, a common source of wrongful death cases in Texas, it may involve reviewing trucking logs, black box data, and company safety records.
It’s emotionally draining to think about reliving the details of how you lost your loved one. A compassionate attorney should shield you from as much of that burden as possible while still gathering the evidence necessary to build a strong case.
Types of Damages Available in Texas Wrongful Death Claims
Money will never replace someone you’ve lost. But pursuing compensation through a Texas wrongful death lawsuit can help ease financial pressures and honor your loved one’s contributions to your family.
In Texas, families can seek both economic and non-economic damages. Economic damages cover financial losses, such as:
- Lost earning capacity your loved one would have contributed
- Funeral and burial expenses
- Loss of household services
Non-economic damages address losses that don’t come with a specific price tag but profoundly affect your life, including:
- Mental anguish
- Loss of companionship, love, and comfort
- Emotional distress damages in Texas wrongful death cases
Texas law also allows punitive damages in certain cases where the defendant’s conduct was extremely negligent or malicious, such as gross negligence or intentional harm. These damages are meant to punish the wrongdoer and deter similar behavior in the future, rather than to compensate the family directly.
Factors such as your loved one’s age, income, and the circumstances of the death can significantly influence potential compensation. No two settlements or verdicts look exactly the same, even for similar types of accidents.
What Happens During a Texas Wrongful Death Lawsuit?
When you picture a lawsuit, you might imagine tense courtrooms and public trials. In reality, a Texas wrongful death lawsuit often begins quietly, with an investigation and conversations behind the scenes. If you decide to move forward with a claim, here’s what typically happens.
First, your attorney investigates what led to your loved one’s death. They may collect medical records, police reports, photographs, video footage, and witness statements. In cases involving trucking companies or commercial vehicles, this investigation can also include examining driver logs, maintenance records, and electronic data from the vehicles involved.
After gathering evidence, your attorney usually sends a demand letter to the responsible party’s insurance company. This letter outlines what happened, why their insured is at fault, and how much compensation you’re seeking.
Many wrongful death claims resolve at this stage through a negotiated settlement. However, if the insurance company denies fault or refuses to pay a fair amount, your lawyer will file a formal lawsuit. Once a lawsuit is filed, the process includes:
- Discovery. Both sides exchange information, including written questions (interrogatories), document requests, and depositions where witnesses answer questions under oath.
- Motions. Either side might ask the judge to decide certain legal issues before trial.
- Mediation. Courts often require mediation—a meeting where both sides try to settle with the help of a neutral third party.
- Trial. If settlement fails, the case proceeds to trial, where a jury decides whether the defendant is responsible and how much money to award.
It’s worth knowing that even after filing a lawsuit, most wrongful death cases in Texas settle before reaching a courtroom. Still, your lawyer should always prepare as though a trial is inevitable. A well-prepared case is often the strongest leverage for a fair settlement.
Settlement vs. Trial: Weighing Your Options
Many families ask whether they’ll have to testify in court. The honest answer is: probably not, but it’s possible. Settlements avoid the uncertainty and emotional toll of a trial, and they allow you to keep details private rather than airing painful events in public testimony.
Settlements also help families receive compensation faster, sometimes within months rather than a year or more.
Going to trial can lead to higher awards, especially if a jury is moved by the facts of your case or troubled by the defendant’s behavior. However, trials come with risk. Juries can be unpredictable, and there’s always a chance of receiving less than you were offered in settlement, or even nothing at all.
A trusted and experienced attorney will know what your best options are. They will know when it’s time to settle or push ahead toward a trial. Ultimately, however, the choice belongs to you and your family.
Texas Wrongful Death Lawsuit vs. Survival Action: What’s the Difference?
People often confuse a Texas wrongful death lawsuit with a survival action. Although related, these are two distinct claims under Texas wrongful death law.
A wrongful death lawsuit seeks compensation for surviving family members’ losses—their grief, lost companionship, lost financial support, and the impact of losing their loved one. This money goes directly to the family, not into the estate.
By contrast, a survival action belongs to the estate of the person who passed away. It seeks compensation for damages your loved one could have claimed had they survived. That includes medical expenses, pain and suffering your loved one endured before death, and sometimes punitive damages. Any money awarded in a survival action goes into the estate and is distributed according to the will or Texas intestacy laws.
In many cases, families file both claims together. It can be complex, but it ensures that both the family’s losses and the decedent’s personal damages are addressed.
How Long Does a Texas Wrongful Death Case Take?
Several factors determine the timeline of your case, and some of those factors are not always predictable. Some wrongful death lawsuits resolve in months; others may take much longer, particularly if the case involves significant disputes over fault or damages.
Factors that influence the length of your case include:
- The strength of evidence showing liability
- Whether multiple parties share responsibility
- Disputes about the value of economic and non-economic damages
- The willingness of insurance companies to negotiate fairly
- The court’s schedule
Understandably, families want closure as quickly as possible. While settlements often move faster, they still require thorough preparation. Rushing into a settlement without fully understanding your losses can leave you financially vulnerable later. A careful approach may take a little extra time, but it’s usually time well spent.
Frequently Asked Questions About Texas Wrongful Death Lawsuits
What is the difference between wrongful death and murder charges in Texas?
A wrongful death lawsuit is a civil case where family members seek financial compensation. Murder is a criminal charge brought by the state, potentially leading to prison time. A person can face both a criminal trial and a civil wrongful death lawsuit.
What happens if multiple people file separate wrongful death claims for the same person?
Texas courts will typically consolidate these cases into one lawsuit to avoid conflicting outcomes and ensure a fair distribution of any recovery.
Can I file a wrongful death lawsuit if the person who caused the death wasn’t charged with a crime?
Yes. Civil cases have a lower burden of proof than criminal cases. You may still have a valid wrongful death claim even if prosecutors choose not to file charges.
Will I have to testify in court?
Not necessarily. Many wrongful death cases settle before trial. If your case goes to court, you might need to testify, but your attorney will prepare you thoroughly.
How are wrongful death settlements divided among family members?
If the family reaches a settlement, they can decide how to split the funds among themselves. If a jury awards damages, the jury can allocate amounts to each family member based on their relationship to the deceased and their specific losses.
Call Cowen | Rodriguez | Peacock: Texas Wrongful Death Lawyers Who Truly Care
At Cowen | Rodriguez | Peacock, we understand that wrongful death lawsuits aren’t simply about money—they’re about seeking justice and protecting your family’s future.
After years of working with families who’ve lost loved ones, we’ve seen firsthand how devastating these losses are. It’s why we’re driven to help. We see our own families reflected in yours and believe you deserve someone who will fight for your loved one as if they were part of our own.
Our attorneys have handled some of the most complex and high-stakes wrongful death cases in Texas. We’re not afraid to argue your case before a judge or jury if that’s what it takes to achieve your best possible outcome. And because we work on a contingency fee, you won’t pay us unless we recover compensation for you.
If you’re ready to talk about your legal options, please reach out for a free consultation. Call us at (210) 941-1306 or visit our contact page. Let’s discuss how we can help you protect your family and secure the resources you need to move forward.
This page is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.