A wrongful death lawsuit in Texas is a legal action that lets certain members of a family receive compensation if their loved one died as a result of another person’s negligence, such as in a fatal car accident. These members of a family can receive damages for their loss by bringing a wrongful death lawsuit that Texas courts will hear.
It is never easy to lose a loved one in a fatal car accident. In an instant, life is normal. The next instant, nothing is normal. You are left to deal with funeral expenses and a future that is drastically different from what it was just a short time before. There are a great many uncertainties as to whether you have a legal right to bring a wrongful death lawsuit in Texas. If another driver was negligent in a fatal car accident, you may have a legal right to receive compensation for their negligence. A wrongful death lawsuit attorney Texas residents have come to trust can help you navigate these uncertain times.
Who Can File a Wrongful Death Lawsuit in Texas?
The Texas legal system is clear as to who has a legal right to bring a wrongful death lawsuit that Texas courts will hear.
Eligible Family Members
Under Texas law, the following individuals may file a wrongful death claim:
- The surviving spouse
- Biological or legally adopted children
- Parents of the deceased
Siblings do not have standing to file unless they are otherwise qualified. If none of the qualified members file within a set period, then the personal representative of the estate may file unless objected to by the family.
A family wrongful death lawyer can assess your case and determine if you are qualified.
Common Causes of Wrongful Death in Car Accidents
There are many different causes of wrongful death in car accidents. A fatal car accident lawyer often handles cases that involve:
- Drunk driving accidents
- Distracted driving accidents
- Speeding or reckless driving accidents
- Commercial truck accidents
- Failure to yield or red light accidents
If negligence causes a car accident that leads to wrongful death, a wrongful death lawyer Dallas families trust can represent you in court.
Understanding Texas’s Comparative Fault System
Texas follows a modified comparative fault rule. This system affects how compensation is awarded in wrongful death lawsuits.
Here is how it works:
- If the person who died was 50 percent or less at fault in their death, then compensation is available.
- The amount that is recovered is reduced by the percentage of fault.
- If the person who died was more than 50 percent at fault in their death, then compensation is not available.
To use an example, if damages are assessed at $1,000,000 but the person who died was 20 percent at fault in their death, then compensation would be reduced to $800,000.
An experienced wrongful death lawyer will work to prevent unfair fault assignments that reduce compensation.
What Compensation Is Available in a Wrongful Death Lawsuit in Texas?
The compensation available in a wrongful death lawsuit in Texas is designed to provide for financial and emotional damages.
Economic Damages
These damages provide compensation for economic damages that have already been suffered or those that are expected in the near future.
- Lost wages and future earning capacity
- Medical bills for the fatal injury
- Funeral and burial expenses
- Loss of household services
Non-Economic Damages
These address emotional and relational harm:
- Loss of companionship
- Mental anguish
- Loss of parental guidance
- Loss of consortium
Punitive damages may be granted in some cases, especially those involving reckless behavior, for example, drunk driving.
A wrongful death settlement that Texas families seek to receive includes various damages.
What to Expect During the Legal Process
Filing a wrongful death lawsuit in Texas courts includes a series of steps. Familiarizing yourself with the process will help reduce the uncertainty.
Step 1: Wrongful Death Consultation
Your first step will be to schedule a wrongful death consultation with a wrongful death lawyer Texas families rely on. The wrongful death injury attorney will present your case, explain your rights, and outline the options.
Step 2: Investigation
A wrongful death law firm will thoroughly investigate your case. This may include:
- Police reports
- Investigating the accident scene
- Interviewing witnesses
- Consulting accident experts
- Gathering medical records and employment records
Step 3: Filing the Lawsuit
Your wrongful death injury attorney will file the wrongful death lawsuit in court. The defendant will be notified and given an opportunity to defend themselves.
Step 4: Discovery Phase
Both parties will exchange information and testimony. This step is critical in developing a strong wrongful death case that Texas courts will consider.
Step 5: Settlement Negotiations or Trial
Most wrongful death cases are settled through settlement negotiations. In the event a reasonable settlement cannot be reached, the case will be presented to the court.
A fatal accident lawyer Texas families hire is also prepared to deal with both possibilities.
Common Types of Evidence Used to Prove Fault
In wrongful death lawsuits resulting from auto accidents, solid evidence is vital.
Key evidence may include:
- Crash reports from police
- Testimonies from witnesses
- Traffic camera footage
- Damage to the vehicles
- Black box data
- Cell phone records
- Toxicology reports for DUI accidents
An accidental death attorney works hard to obtain such evidence before it is destroyed or changed.
The Role of Police Reports in Car Accident Cases
Police reports are usually used as a basis for wrongful death lawsuits. In auto accidents, police officers gather relevant information such as:
- Driver statements
- Weather conditions
- Traffic tickets
- Initial assessment of fault
Even though police officers are not experts in determining fault, their reports are important in insurance settlements and court cases.
How Witness Statements and Testimonies Can Impact Fault
Witness statements are important in auto accidents. Witnesses are usually independent individuals who witnessed the accident. They can be helpful in clearing up issues such as:
- Speeding
- Not stopping at a red light
- Rear-ending another vehicle
In wrongful death lawsuits resulting from auto accidents, witness credibility is important.
What Role Do Traffic Laws and Accident Reconstruction Play?
Traffic laws are important in auto accidents. These laws are based on a duty to care for other drivers. In wrongful death lawsuits resulting from auto accidents, drivers who violate traffic laws, such as running a red light or DUI, are negligent.
The use of accident reconstruction is also important in wrongful death lawsuits resulting from auto accidents. Experts use skid marks and damage to the vehicles to determine how the accident happened.
Mistakes to Avoid After Losing a Loved One in a Car Accident
Auto accidents are tragic incidents that are usually hard to deal with. However, there are a number of mistakes that individuals should avoid. These include:
- Talking to insurance companies without legal representation
- Accepting a quick settlement
- Waiting too long to seek the help of a lawyer
- Posting information about the case on social media sites
Seeking wrongful death legal help early can protect your claim.
Pros and Cons of Filing a Wrongful Death Claim
Pros
- Financial security for the family of the victim
- Holding negligent drivers accountable for the death of a family member
- Closure through the legal system
Cons
- The emotional trauma of recalling the accident that killed a loved one
- The long time it can take for a claim to go through the legal system
A compassionate loss of a loved one accident lawyer can assist you through the process.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Texas?
In most cases, the state of Texas has a two-year statute of limitations from the time of death. A wrongful death attorney Dallas families turn to can help you in a prompt and efficient manner.
How much is a wrongful death settlement that Texas families can expect?
The amount of money a family can receive in a wrongful death settlement varies. Factors include the income of the victim, the age of the victim, the circumstances of the accident, and the level of negligence. A wrongful death lawyer can help you calculate the damages you have incurred.
Do I need the best wrongful death lawyer Dallas families recommend?
Having the best wrongful death lawyer Dallas families recommend can definitely help you in your time of need. A skilled and experienced wrongful death law firm can help you receive the maximum compensation for your loss.
Schedule a Consultation With a Texas Wrongful Death Lawyer
If you have lost a family member in a car accident, you do not have to go through the process alone. Our wrongful death lawyer, Texas families turn to can assist you in your time of need. We can provide you with the guidance you need in a compassionate and efficient manner. Contact our wrongful death law firm today to discuss your wrongful death claim under Texas law.
Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Reading this site does not create an attorney–client relationship. Past results do not guarantee future outcomes. Each case is unique and will be evaluated on its own facts and merits. “Unless otherwise indicated, attorneys are not certified by the Texas Board of Legal Specialization.”