Wrongful Death Claims in Texas: A Comprehensive Guide for Families
Coping With Loss and the Legal Questions That Follow
The silence that follows the loss of a loved one can feel crushing. Time feels strange. Your world has stopped, but the bills, the paperwork, and the questions keep coming. When that loss happens because another person or company was careless, the grief is often mixed with anger and a deep sense of unfairness. You are dealing with the first tragedy, which is the emotional pain of losing a spouse, a parent, or a child. Very quickly, many families in Texas are hit with a second problem. They find themselves pulled into a legal and financial fight they did not ask for and do not feel ready to handle. Insurance companies and large businesses may already have lawyers and adjusters working on their side. It can feel like you are outnumbered and outmatched at the very moment you are hurting the most.
Our Role at Parker Law Firm Injury Lawyers
I am Brad Parker, the attorney you want but hope you never need. At Parker Law Firm, we believe that in this moment your main job should be to take care of yourself and your family. Our job is to shoulder the legal burden, guide you through your options, and help you decide what seeking justice looks like for you. We treat you like family, which means we listen, we are honest with you, and we fight tirelessly for you when you ask us to step in.
Understanding Wrongful Death Claims in Texas
When people talk about wrongful death in Texas, they are usually talking about a specific type of civil claim. Texas law allows certain family members to bring a claim when a death is caused by the wrongful act, carelessness, or neglect of another person or company. In simple terms, if your loved one would have had the right to file a personal injury case had they survived, then certain family members may have the right to file a wrongful death claim after their passing.
These cases can grow out of many different events, such as car or truck crashes, drunk driving, unsafe property conditions, medical mistakes, unsafe work sites, or defective products. The point of a wrongful death claim is not to say that your loved one’s life had a price. It is to hold the responsible party financially accountable for the harm they caused and to help protect your family’s financial future.
Survival Claims and How They Differ From Wrongful Death Claims
There is a second type of claim that often goes along with a wrongful death case, called a survival claim. The name comes from the idea that the injured person’s own claim “survives” their death and becomes part of their estate. A survival claim focuses on what your loved one went through from the time of the injury until the time of death. It can include their pain, their mental suffering, and medical bills that were related to the final injury. For example, if a family member suffers serious injuries in a crash, spends two weeks in the hospital, and then passes away, a survival claim can address the pain, suffering, and expenses incurred during that time. The estate receives the proceeds from a survival claim and distributes them under a will or, if no will exists, according to Texas inheritance laws.
Who Can File a Wrongful Death Claim in Texas
A wrongful death claim is different. That claim is about how the loss has affected you and the other eligible family members. Texas law limits who can file a wrongful death lawsuit. In most situations, only the surviving spouse, children, and parents of the person who died have the right to bring this type of claim.
Children can be biological or legally adopted. Parents qualify to bring a wrongful death claim whether the child was a minor or an adult at the time of death. Brothers, sisters, grandparents, and close friends generally cannot file a wrongful death claim, even though their grief is very real. If no eligible family member files within a certain period, a representative of the estate may be able to file, unless all of the eligible family members agree that they do not want that to happen.
How Compensation Is Divided in Wrongful Death Cases
Clients often ask how the law divides money recovered in a wrongful death case. The distribution does not automatically follow inheritance rules, and the law does not always divide the recovery into equal shares. The law focuses on the actual loss to each eligible family member. In a trial, a jury can listen to testimony and decide what each person’s losses are worth based on the relationship with the person who died, the emotional impact, and the level of financial support that person was providing.
In many cases, families reach an agreement about how to divide any settlement, with guidance from their lawyers. A minor child who depended fully on a parent may have different financial needs than an adult child who was already supporting their own family, but both can have deep emotional losses. When disagreements arise inside the family, we try to address them with patience, clear explanations, and, when needed, neutral mediators. The goal is to keep the family from fighting each other so that the focus stays on holding the negligent party responsible.
Economic Damages in Wrongful Death and Survival Cases
Damages in these cases usually fall into two main groups. Economic damages cover measurable financial losses, including lost income and benefits, medical bills from the final injury, and funeral and burial costs. In some situations, a claim can also include the loss of inheritance that the family likely would have received over time. Figuring out the value of future earnings or lost inheritance can be complicated. It often requires looking at work history, education, age, health, and plans for the future. When the person who died was the main income earner or had a complex financial situation, those calculations can make a major difference for the family. A lawyer who handles these cases regularly works with financial experts to show the court or insurance company exactly what was lost.
Non-Economic Damages and the Human Side of Loss
Non-economic damages are different. They are not about bills or paychecks. They are about the human side of your loss. These damages can include mental anguish, loss of companionship, loss of the emotional support and guidance a parent gives a child, and the loss of the love and partnership inside a marriage. These losses are real, but they are not as easy to assign a dollar amount. To explain them, we take time to learn about your family, your routines, your traditions, and the small everyday moments that have been taken away. When we tell your story to a jury or an insurance company, we are not just listing facts. We are explaining the depth of what you have lost in a way that is respectful and honest.
Deadlines for Filing Wrongful Death and Survival Claims in Texas
As you are trying to process your grief, the idea of legal deadlines may feel cold. But they do matter. Texas law sets deadlines for filing wrongful death and survival claims, and missing them can limit or erase your right to recover. In many situations, the time limit is relatively short and usually measured in years, not decades. Exceptions can occur, especially when children are involved or important facts were hidden, but you should never assume one applies to your case. The safest step is to speak with a Texas wrongful death attorney as soon as you feel ready so that someone is watching the calendar and preserving important evidence while you focus on your family.
How Timing and Evidence Affect a Case
Most people assume the deadline starts on the date of death, but other factors can affect the timeline. Survival claims often tie more closely to the date of the injury itself. Waiting too long can also weaken a case, even when you remain within the legal deadline. Evidence can disappear. Vehicles can be repaired or destroyed. Video footage can be erased. Witnesses can move away or forget details. Early involvement by an attorney can make a major difference in how strong the case is, even if you are not emotionally ready to file a lawsuit right away.
Proving Fault in a Wrongful Death Case
To prove a wrongful death case, it is not enough to show that a terrible event occurred. We must be able to show that someone was legally at fault. In general, this means showing that the other person or company had a duty to act with reasonable care, that they failed to do so, and that this failure caused the death. A truck crash case, for example, we might examine whether the trucking company failed to follow safety rules, pushed a driver to work too many hours, or ignored maintenance issues. In a case against a property owner, we might look at whether they knew about a dangerous condition on their property and failed to fix it or warn visitors.
Building Evidence and Preparing the Case
Building that proof requires real work. It often involves getting police reports, medical records, autopsy reports, and photographs, as well as interviewing witnesses and sometimes going to the scene of the incident. In many cases, we hire experts such as accident reconstruction specialists, engineers, medical professionals, and economists. They can help explain how a crash happened, whether medical care met accepted standards, or what the long-term financial impact is on your family. At Parker Law Firm, we see every piece of evidence as part of the story we must tell on your behalf. We prepare each case as if it may go to trial, because that is how you put your family in the strongest position, whether the case settles or ends up in front of a jury.
Dealing With Insurance Companies After a Loss
Right after a loss, you may find that insurance companies are already calling. They might sound sympathetic, but their job is to limit what they pay. They may ask you to give a recorded statement, sign medical releases, or accept a quick payment in exchange for a full release of your claims. That can be very risky, especially when you do not yet know the full impact of the loss.
Once we are involved, we typically take over communications with the insurance companies so you do not have to deal with those calls or letters alone. We also guide you on how to protect important evidence, such as not repairing or getting rid of a damaged vehicle until we have had the chance to document it, keeping any photos or videos related to the event, and saving paperwork related to medical care and funeral expenses.
Coordinating Wrongful Death Claims With Estate Matters
Wrongful death and survival cases often connect with probate and estate issues.A court may need to appoint someone to serve as the estate’s personal representative so survival claims are filed correctly. We regularly coordinate with probate attorneys or help you find one to ensure wrongful death and survival claims align with the estate’s overall plan and avoid unnecessary delays or confusion.
Choosing the Right Path Forward for Your Family
Every family is different, and every case is different. Some families want to move forward quickly. Others need more time before they feel ready to talk. Some want their day in court. Others prefer to resolve things quietly if they can. Our job is not to push you into one path. Our job is to explain your options in plain language, give you an honest assessment of your case, and then walk beside you on the path you choose. We are here to answer questions such as who can bring a claim in your specific situation, what types of damages may be available, how long the process might take, and what the likely next steps are.
Free Consultations and How We Handle Fees
At Parker Law Firm Injury Lawyers, we offer free initial consultations for wrongful death cases. That meeting gives you a chance to share your story, ask questions, and determine whether we are the right fit for you. You have no obligation to hire us. If we move forward together, we typically handle these cases on a contingency fee basis meaning you pay nothing unless we win and recover money for you. We advance all costs needed to investigate and prepare the case, and we collect fees only if we secure a recovery.
You Do Not Have to Face This Alone
If you have lost a loved one because of someone else’s carelessness and you are wondering what to do next, you do not have to figure it out alone. We are here to listen, to explain, and, if you ask us to, to stand between you and the insurance companies so you can focus on your family and your healing. Reaching out for help does not mean you are ready to sue. It simply means you want clear information about your rights and your options.
Important Legal Disclaimer
This information is for general purposes only and is not legal advice. Reading it does not create an attorney–client relationship with Parker Law Firm Injury Lawyers or with me, Brad Parker. Laws can change, and how they apply can depend on the specific facts of your situation. If you have questions about a potential wrongful death or survival claim in Texas, you should talk directly with a licensed Texas attorney about your own circumstances. When you are ready to have that conversation, we are here to help.
