When the unexpected loss of a loved one is caused by someone else’s negligence or misconduct, grief is often accompanied by a deep desire for justice. If you’re searching for how to file a Wrongful Death Lawsuit in Texas, you already know that taking legal action can often feel necessary, even during this time of mourning. Understanding the process is the first step toward holding the responsible party accountable.
In Texas, filing a wrongful death claim involves a few basic but essential steps:
- Confirm that the death qualifies as wrongful under Texas law
- Determine your legal standing to file
- Gather and preserve key evidence
- File within the statute of limitations
- Pursue damages through a civil lawsuit
This article will guide you through each of these steps and help you understand your rights. More importantly, it will show you how Amaro Law Firm can support you during this painful time. Our wrongful death attorneys are here to fight for the justice your loved one deserves and to help you take the next step forward.
What is wrongful death?
Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death occurs when an individual dies due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. In simple terms, if the person had had the right to file a personal injury lawsuit had they survived, then their surviving loved ones may be eligible to file a wrongful death claim on their behalf.
To succeed in a wrongful death lawsuit, several key elements must be established:
- Duty of care: The defendant had a legal obligation to act with reasonable caution toward the deceased.
- Breach of duty: That obligation was violated through negligent, reckless, or intentional behavior.
- Causation: The breach directly caused or significantly contributed to the death.
- Damages: The surviving family members suffered measurable losses as a result.
Wrongful death can stem from a variety of causes, including motor vehicle accidents, medical malpractice, defective products, or unsafe conditions/work environments.
What is not wrongful death?
Not every death caused by another party’s actions rises to the level of a wrongful death claim. For example, a fatal accident may not involve a clear breach of duty or may lack evidence showing direct causation. Similarly, a death resulting from natural causes, even if emotionally or financially devastating, does not qualify as wrongful under the law.
It’s also important to distinguish between wrongful death claims and survival actions in Texas. What is a survival action? While a wrongful death lawsuit compensates the surviving family members for their loss, a survival action is filed on behalf of the deceased’s estate to recover damages the individual would have been entitled to if they had survived, such as pain and suffering or medical expenses before death.
While survival actions and wrongful death claims serve different legal purposes, they can often be pursued simultaneously with the help of trusted professionals.
Can you sue for wrongful death in Texas?
Yes, Texas law allows certain family members to bring a wrongful death claim if someone else’s negligence or misconduct caused their loved one’s death. While the process can be emotionally taxing and legally intricate, pursuing justice and accountability is often essential to protecting your family’s future. With the right legal team by your side, you can navigate the challenges and focus on honoring your loved one’s memory.
To begin your case:
- Confirm eligibility (more on this below)
- File a complaint in civil court that outlines your claim
- Compile evidence proving liability and damages
- Engage in discovery and pretrial motions
- Negotiate a settlement or proceed to trial
You’ll also want to be sure you’re acting within the wrongful death statute of limitations: in most cases, you must file a wrongful death lawsuit in Texas within two years of the date of death. Some exceptions exist, especially under the discovery rule, which we’ll explore shortly.
Who can bring a wrongful death claim in Texas?
Texas law specifies who has the legal standing to file a wrongful death lawsuit:
- Spouse: A surviving spouse may file, regardless of whether the marriage was formal, informal, or common-law.
- Children: Both biological and legally adopted children may bring a claim.
- Parents: Biological or adoptive parents are also eligible to file.
If none of these individuals file a claim within three months of the death, the executor or administrator of the estate may file on behalf of the estate (unless a family member requests otherwise).
Unfortunately, siblings, grandparents, or unmarried partners cannot file a wrongful death claim under Texas law, even if they were close to the deceased or dependent on them financially.
What evidence should be admitted in a wrongful death suit?
Strong, well-organized evidence can make or break your wrongful death case. Typical forms of evidence include:
- Medical records detailing injuries and the cause of death
- Police reports or accident reconstruction data
- Eyewitness statements
- Photographs or video evidence from the scene
- Expert testimony on causation or economic impact
- Employment records to calculate lost future earnings
- Personal correspondence or journal entries reflecting emotional loss
Collecting this evidence early and preserving it properly will make all the difference in your case. That’s why working with a law firm experienced in wrongful death cases, like Amaro Law Firm, can dramatically improve your chances of success.
What is the discovery rule for wrongful death in Texas?
The discovery rule can extend the two-year statute of limitations in cases in which the cause of death was not immediately apparent or in which the surviving family members could not have reasonably discovered the defendant’s liability sooner.
For example, if a patient dies due to a delayed diagnosis that only comes to light months later, the discovery rule may allow the family to file suit from the date they discovered (or should have discovered) the malpractice, rather than the date of death.
This exception is not automatic and must be argued convincingly in court. An experienced wrongful death attorney can help determine whether the discovery rule applies to your case.
Who pays for a wrongful death lawsuit?
In most wrongful death lawsuits, the defendant’s insurance company ultimately pays for the settlement or court-awarded damages. For instance, if the death was caused by a car accident, the at-fault driver’s auto insurance would typically cover the costs. In cases involving medical malpractice or workplace accidents, professional liability or employer insurance may be responsible.
However, legal fees and expenses during the case are often a concern for grieving families. At Amaro Law Firm, we work on a contingency fee basis, meaning you don’t pay unless we win. This allows you to pursue justice without worrying about upfront costs or out-of-pocket legal bills.
Additionally, the court may award compensatory damages for:
- Loss of financial support
- Funeral and burial expenses
- Emotional pain and suffering
- Loss of companionship, love, or parental guidance
In cases involving gross negligence or intentional harm, punitive damages may also be awarded to punish the defendant and deter similar behavior.
Why you need a wrongful death attorney from Amaro Law Firm
Wrongful death claims are rarely straightforward. They require thorough investigation, precise legal arguments, and aggressive representation — especially when facing large insurance companies or corporate defendants. That’s where Amaro Law Firm stands out.
Here’s what sets our attorneys apart:
- Experience: We’ve handled numerous wrongful death and personal injury claims across Texas with a record of results.
- Resources: From accident reconstruction to medical experts, we bring the tools necessary to build a compelling case.
- Compassion: We understand that you’re not just pursuing compensation — you’re seeking justice for someone you loved deeply.
- Commitment: We don’t settle for less than what you and your family deserve, and we’re ready to go to trial if necessary.
From the first call to the final verdict or settlement, our team will keep you informed, supported, and empowered.
Was a death caused by another’s negligence? Call Amaro.
If you believe your loved one’s death could have been prevented, you don’t have to seek justice on your own. The team at Amaro Law Firm is ready to review your case, explain your rights, and file a wrongful death lawsuit in a way that will hold the responsible party accountable.
Time is everything. Even if you’re a long way from the expiration of the statute of limitations on your claim, important evidence is often lost or destroyed, and becomes exponentially more difficult to preserve the longer you wait. Don’t wait to get the answers and justice you deserve. Contact Amaro Law Firm today for a free, confidential consultation. In the face of unimaginable loss, we’re here to help you pursue justice.
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