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Fighting for Justice When Negligence Takes a Life

When a loved one dies due to someone else's negligence, nothing can replace what you've lost. But you have legal rights, and we're here to help you seek justice and the compensation your family deserves. Our experienced wrongful death attorneys serve clients throughout Texas and nationwide.

⚠️ Time is Critical: In Texas, you have only two years from the date of death to file a wrongful death claim. Don't wait—contact our experienced wrongful death attorneys today for a free consultation to protect your family's legal rights and explore your options for compensation.

Understanding Wrongful Death Claims

A wrongful death occurs when a person dies due to another party's negligence, recklessness, or intentional misconduct. In Texas, wrongful death is legally defined as death caused by "wrongful act, neglect, carelessness, unskillfulness, or default" where the deceased would have had the right to file a personal injury lawsuit if they had survived.Wrongful Death Lawyer | Texas and Nationwide

Essential Legal Elements

To establish a valid wrongful death claim in Texas, you must prove four key elements:

  1. Duty of Care: The defendant owed a legal duty to the deceased
  2. Breach of Duty: The defendant failed to meet the required standard of care
  3. Causation: The breach directly caused or substantially contributed to the death
  4. Damages: The death resulted in measurable losses to surviving family members

Common Causes of Wrongful Death

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law strictly limits who can bring a wrongful death claim. Unlike many other states, Texas does not allow siblings, grandparents, or other extended family members to file these lawsuits.

Eligible Parties Under Texas Law

Primary Claimants:

  • Surviving Spouse: Including common-law spouses recognized under Texas law
  • Children: Biological children, legally adopted children, and children born after death
  • Parents: Biological and adoptive parents of the deceased

Alternative Filers:

  • Estate Representative: May file if no eligible family members do so within three months
  • Court-Appointed Administrator: When no will exists and no family member acts

Critical Timeframes

  • 3 months: Time limit for family members to file before estate representative may act
  • 2 years: Statute of limitations from date of death
  • Exceptions: Extended timeframes may apply for minors, fraud, or delayed discovery

⚠️ Important: If you're unsure about your eligibility to file a wrongful death claim, contact our attorneys immediately. Special circumstances, such as adoption, divorce, or remarriage, can affect your rights under Texas law.

Recoverable Damages in Wrongful Death Cases

Texas wrongful death law allows recovery for specific types of damages that directly impact surviving family members. Understanding what compensation may be available is crucial for evaluating your case.

Types of Damages Available

Damage Type Description Who Benefits
Lost Earning Capacity Future income the deceased would have earned Spouse, Children, Parents
Loss of Companionship Emotional support, guidance, and relationship loss Spouse, Children, Parents
Mental Anguish Emotional suffering and grief Spouse, Children, Parents
Loss of Inheritance Estate value that would have accumulated Eligible Beneficiaries
Medical Expenses Final medical bills before death Estate/Family
Funeral and Burial Costs Reasonable funeral and burial expenses Estate/Family
Punitive Damages Additional damages for willful or grossly negligent acts Eligible Survivors

Note: In medical malpractice wrongful death cases, non-economic damages may be subject to statutory caps that are adjusted annually for inflation.

The Legal Process: What to Expect

Step 1: Initial Consultation

Free case evaluation to determine if you have a valid wrongful death claim and discuss your legal options.

Step 2: Investigation

Comprehensive investigation including evidence gathering, expert consultation, and witness interviews.

Step 3: Filing the Lawsuit

Preparation and filing of legal documents before the statute of limitations expires.

Step 4: Discovery Phase

Exchange of information, depositions, and additional evidence gathering with opposing parties.

Step 5: Settlement Negotiations

Attempting to reach a fair settlement before trial, with your approval required for any agreement.

Step 6: Trial

If settlement isn't reached, presentation of your case to a judge and jury for final decision.

Frequently Asked Questions

What is wrongful death in Texas?

Under Texas law, wrongful death occurs when a person dies due to another's wrongful act, neglect, carelessness, unskillfulness, or default. The deceased person must have had the right to file a personal injury lawsuit if they had survived.

Who can file a wrongful death lawsuit in Texas?

In Texas, only the surviving spouse, children, and parents can file a wrongful death lawsuit. If these family members don't file within three months, the estate's personal representative may file the claim.

How long do I have to file a wrongful death claim?

Texas has a two-year statute of limitations for wrongful death claims, starting from the date of death. However, there are exceptions for minors, fraud, or delayed discovery of negligence.

What damages can be recovered in a wrongful death case?

Recoverable damages include loss of earning capacity, loss of companionship, mental anguish, medical expenses, funeral costs, and in some cases, punitive damages for intentional or grossly negligent acts.

Can I file a wrongful death claim if there was a criminal case?

Yes. Criminal and civil cases are separate proceedings with different standards of proof. You can file a wrongful death lawsuit regardless of the outcome of any criminal case. Our experienced trial attorneys understand how to handle both aspects of these complex cases.

Do you handle wrongful death cases outside Texas?

Yes, our firm accepts wrongful death cases nationwide. We have experience with multi-state litigation and can work with local counsel when necessary to ensure the best representation for your case. Learn more about our nationwide legal services.

What if the deceased was partially at fault?

Texas follows a modified comparative fault rule. If the deceased was less than 51% at fault, you may still recover damages, though the amount may be reduced by their percentage of fault. Our personal injury attorneys can help evaluate how comparative fault might affect your case.

How are wrongful death settlements distributed?

Texas law doesn't specify how damages should be divided among eligible survivors. The court will determine fair allocation based on each person's relationship to the deceased and their losses.

What should I avoid when dealing with insurance companies?

Insurance companies often use various tactics to minimize payouts. Be cautious about giving recorded statements or accepting quick settlement offers. Read our guide on tricks insurance companies use to deny claims to protect yourself.

Experienced Legal Representation

T. Micah Dortch brings extensive trial experience to every wrongful death case, having served as lead trial counsel in over 1,000 federal and state court matters. Our firm's approach combines compassionate client service with aggressive legal advocacy to achieve the best possible outcomes for grieving families.

We work on a contingency fee basis—you pay no attorney fees unless we recover compensation for your family.

Why Choose Dortch Lindstrom Livingston Law Group?

Proven Experience

  • Extensive trial experience in complex litigation
  • Track record of significant settlements and verdicts
  • Deep understanding of Texas wrongful death law
  • Experience with nationwide cases across multiple practice areas

Client-Focused Approach

  • Compassionate guidance during difficult times
  • No fees unless we win your case
  • Personal attention from experienced attorneys
  • Clear communication throughout the process

Related Practice Areas

If your loved one's death involved specific circumstances, you may also want to learn about our related legal services:

Additional Resources

Do You Believe Your Loved One Died Due to Negligence? 

If you suspect your loved one died due to someone's negligence you should speak with an experienced Texas wrongful death lawyer as soon as possible. Contact us online or call 833.355.3476 to schedule your free consultation. We are proud to help Texas residents throughout Plano, Houston and the surrounding areas, as well as nationwide, fight to hold those who caused your family member's death accountable. 

 

T. Micah Dortch
T. Micah Dortch
With more than 1,000 federal & state court matters as lead trial counsel, he has worked on many notable cases.