Losing a loved one is one of the most difficult experiences a family can face. When that loss is caused by negligence or wrongful conduct, the impact can be even more devastating.
A wrongful death claim allows certain family members to seek accountability and compensation when a preventable death occurs. At Girards Law, we represent families across Texas in wrongful death cases and work to carefully investigate what happened and pursue meaningful recovery.
What Is a Wrongful Death Claim in Texas
A wrongful death claim arises when a person’s death is caused by the negligent, reckless, or wrongful actions of another party. These claims are governed by Texas law and allow eligible family members to pursue compensation.
To establish a claim, it must generally be shown that:
- The death was caused by another party’s wrongful act or omission
- The deceased person would have had a valid personal injury claim if they had survived
- Surviving family members suffered damages as a result
Who Can File a Wrongful Death Claim in Texas
Under Texas law, wrongful death claims may be brought by:
- A surviving spouse
- Children of the deceased
- Parents of the deceased
In some cases, the personal representative of the estate may also be involved.
Understanding who has the right to file is an important part of evaluating a claim.
Common Causes of Wrongful Death
Wrongful death claims can arise in many different situations, including:
- Car crashes and vehicle collisions
- Truck crashes involving commercial vehicles
- Medical malpractice and hospital negligence
- Workplace incidents
- Dangerous or defective products
Each case requires a careful review of the events leading to the death.
How a Wrongful Death Case Is Proven
Proving a wrongful death claim involves establishing liability and damages. This often requires:
- Investigating the circumstances of the incident
- Gathering evidence and documentation
- Consulting experts when necessary
- Demonstrating how the responsible party’s actions caused the death
These cases often involve complex factual and legal issues.
Damages Available in a Texas Wrongful Death Claim
Families may be entitled to compensation for:
- Loss of financial support
- Loss of companionship and support
- Mental and emotional suffering
- Loss of services provided by the deceased
In certain cases, punitive damages may also be available if the conduct involved was particularly serious.
Survival Claims vs. Wrongful Death Claims
In Texas, there may be two related claims:
- A wrongful death claim (brought by family members)
- A survival claim (brought on behalf of the estate)
A survival claim allows recovery for damages the deceased could have pursued had they survived, such as medical expenses and pain and suffering prior to death.
How Long Do You Have to File a Wrongful Death Claim in Texas
Wrongful death claims are subject to strict deadlines. In Texas, the statute of limitations generally requires filing within two-years of the date of the negligent conduct.
Because these deadlines are strictly enforced, it is important to act promptly to preserve your rights.
Why Wrongful Death Cases Are Complex
Wrongful death cases often involve:
- Multiple potential parties
- Detailed investigation of events leading to death
- Coordination between family members and estates
- Significant emotional and financial considerations
These factors require a careful and structured approach.
Why Choose Girards Law
At Girards Law, we understand the seriousness and sensitivity of wrongful death cases. Our firm focuses on:
- Thorough investigation of the circumstances
- Careful evaluation of damages
- Clear communication with families
- Strong advocacy in complex cases
We are committed to helping families pursue accountability while handling these matters with care and respect.
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Frequently Asked Questions About Wrongful Death Claims
Who is eligible to file a wrongful death claim in Texas?
Typically, spouses, children, and parents of the deceased may bring a claim.
How long does a wrongful death case take?
The timeline varies depending on the complexity of the case and whether it proceeds to litigation.
What is the difference between wrongful death and survival claims?
Wrongful death claims compensate family members, while survival claims compensate the estate for damages suffered before death.
What is my case worth?
The value depends on financial losses, emotional impact, and the circumstances of the case.
Speak With a Texas Wrongful Death Lawyer
If you have lost a loved one due to negligence or wrongful conduct, it is important to understand your legal options.
Contact Girards Law to discuss your situation and determine the next steps.
📞 Call today 833-5GIRARDS
📩 Or submit a confidential consultation request at our Contact Page