When you get hurt because of another person’s negligence or wrongful actions, you have the right under Texas state law to file a wrongful death claim against that person to hold them accountable for your medical bills, lost wages, property damage, and harder-to-value suffering.
The right to pursue legal action isn’t lost when an accident is fatal. Instead, Texas law shifts the right to pursue compensation to another surviving party. When a wrongful death claim is successful, surviving family members of the decedent’s family can receive compensation for their tragic and devastating loss.
If someone you love has recently been killed in an accident in Texas, it’s important to understand your legal rights and options. Working with an experienced Round Rock wrongful death lawyer at Dow Law Firm can help you take action and secure financial justice for your loss.
What Is the Cause of Action for Wrongful Death in Texas?
Texas’s Wrongful Death Act creates a cause of action for litigation when a person’s death is “caused by another’s wrongful act, neglect, carelessness, unskillfulness, or default.” (under Texas Civ Prac & Rem Section 71.002)
It’s common for families to seek the help of a wrongful death attorney to pursue damages in cases related to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Scooter accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace accidents
- Construction accidents
- Product liability
- Slip and fall accidents
- Dog bites
- Premises liability
- Medical malpractice
- ATV accidents
- Daycare injuries
- Bus accidents
Most wrongful death cases are based on another party’s negligence. In these situations, it’s necessary to prove that the defendant owed the victim a duty of care but breached it in some way, and that the defendant’s conduct caused the victim’s fatal injuries. An expert wrongful death lawyer will know how to gather the evidence needed to prove these elements.
Who Has the Standing to File a Wrongful Death Lawsuit?
Standing refers to the legal right to bring a claim. In matters of wrongful death, standing varies by state. In Texas, Section 71.004 of the Wrongful Death Act permits the “surviving spouse, children, and parents of the deceased” with the right to bring a claim.
There are some exceptions. If none of these parties survive the decedent, or if none of them file a wrongful death lawsuit within three months of the decedent’s death, the right to file a claim belongs to the decedent’s estate.
In other words, a victim’s spouse, parent, or child has standing to file a wrongful death lawsuit in Texas. The lawsuit can be filed by one or more of these parties “for the benefit of all.” If they don’t, the personal representative of the victim’s estate can sue.
How Are Damages Distributed in a Texas Wrongful Death Case?
In Texas, the only living beneficiaries of a wrongful death case can be the victim’s surviving spouse, parent(s), and/or children. While some states have strict rules and formulas regarding the allocation of wrongful death damages, Texas does not.
Instead, Section 71.010 states that “damages awarded shall be divided, in shares as found by the jury in its verdict, among the individuals who are entitled to recover and who are alive at that time.”
Most wrongful death cases are settled privately with the help of a wrongful death attorney before a trial is necessary or before a trial concludes. In these situations, the distribution is typically agreed upon by the survivors and memorialized in the settlement agreement.
When a case goes to trial, the jury maintains control over how any awards of compensation will be paid to a decedent’s surviving heirs.
If a lawsuit is brought on behalf of the decedent’s estate, any damages paid to the estate are distributed in accordance with the victim’s will or Texas intestacy law.
What Damages Can Be Awarded in a Texas Wrongful Death Claim?
Damages in a Texas wrongful death case are intended to compensate surviving family members for the hardships and trauma they experience in the wake of a loved one’s unexpected and traumatic passing.
The state permits families to recover both pecuniary (economic) and non-pecuniary (non-economic) awards for things like:
- Lost financial support from wages, business interests, investments, retirement benefits, commissions, and bonuses
- Lost household services and support that the victim provided
- Funeral and burial expenses
- Medical bills incurred before the victim’s death that were paid for by the family or estate
- Loss of care, guidance, and advice
- Loss of love, companionship, and consortium
- Emotional distress and anguish
The state also allows a family to seek punitive damages at trial if there is proof that the defendant committed a willful act of violence or was grossly negligent in causing the victim’s death. An experienced wrongful death attorney can help identify if your case qualifies for these additional damages.
What’s the Process of Filing a Wrongful Death Claim in Texas?
There are several steps involved in seeking compensation with a wrongful death lawsuit in Texas. Here’s what you can expect if you decide to pursue legal action in the wake of a fatal accident in Round Rock, TX.
Preliminary Investigation and Evaluation of the Right to Pursue Legal Action
Before a claim can be filed, it’s important to confirm (a) a cause of action exists and (b) the plaintiff has standing to bring a claim. Information gathering is critical at this time.
When you hire our personal injury lawyers to handle your wrongful death claim, we’ll listen to your story and begin to assess the potential strength of your legal arguments.
If we believe you have a legitimate case, we’ll conduct a thorough independent investigation into the underlying circumstances of your family member’s fatal accident and gather facts and evidence that can be used to support a lawsuit.
Pre-Litigation Settlement Negotiations
Once we’ve built a compelling legal claim, we’ll attempt to negotiate a settlement with the at-fault party and/or their insurance company. We’ll present your case and ask for specific compensation to help you cope with your loss.
Insurance companies might be quick to offer a settlement, so it’s important to evaluate any settlement offers you receive carefully. These corporations won’t have your family’s best interests at heart. Instead, they’ll attempt to take advantage of your pain and trick you into accepting way less money than what your wrongful death case is worth.
Our wrongful death attorneys will offer guidance and help you make informed decisions about whether accepting a settlement is in your best interests or if you’re more likely to achieve better results by taking your lawsuit to trial.
Filing a Wrongful Death Lawsuit
If the defense won’t offer a fair settlement, our Round Rock wrongful death lawyers will file your lawsuit with the local court and begin to build a more powerful case on your behalf.
Litigation can involve a lengthy discovery period, depositions with parties and witnesses, and in-depth legal research.
We’ll continue to attempt to negotiate a settlement after the lawsuit is filed.
Bring Your Lawsuit to Trial
If a settlement still can’t be reached, our award-winning wrongful death lawyers will bring your family’s wrongful death case to a jury. There, we’ll argue the facts of your case and present evidence and witnesses to persuade them to award a life-changing verdict.
The important thing to know is that you don’t have to navigate a wrongful death case alone. Our team at Dow Law Firm can offer the compassionate, effective representation you need to make the most of your fight for compensation.
Contact our wrongful death attorneys in Round Rock at (512) 240-9951 today to schedule a free consultation.