Texas Wrongful Death Lawyers

What is Wrongful Death?

A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. These cases often arise from incidents that could have been prevented if proper care, safety measures, or judgment had been exercised.

Common examples of wrongful death cases in Texas include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical Malpractice
• Defective Products
• Workplace accidents

In essence, a wrongful death claim allows surviving family members to seek compensation from those responsible for causing their loved one’s death. It is a civil claim—separate from any criminal charges that might also be filed.

Texas Wrongful Death Laws

Texas has specific laws governing wrongful death cases, found in the Texas Civil Practice and Remedies Code § 71.001–71.012. These laws outline who can file a claim, what types of damages may be recovered, and the time limits for taking legal action.

Statute of Limitations

In most cases, families have two years from the date of death to file a wrongful death lawsuit in Texas. However, certain circumstances—such as cases involving minors or government entities—may affect this deadline. It’s important to contact a Texas wrongful death lawyer as soon as possible to ensure your rights are protected.

Liability in Wrongful Death Cases

To win a wrongful death case, you must prove that the defendant’s negligence or wrongful act directly caused your loved one’s death. This typically involves showing that:

1. The defendant owed a duty of care to the deceased;
2. The defendant breached that duty through negligence or misconduct;
3. The breach caused the fatal incident; and
4. The surviving family members suffered losses as a result.

Our attorneys at Hilliard Law have extensive experience investigating complex wrongful death cases, gathering evidence, and building strong claims for our clients across Texas.

Who Can File a Wrongful Death Lawsuit?

Under Texas law, only certain family members are legally permitted to file a wrongful death claim. These include:

1. The spouse of the deceased
2. Children, including legally adopted children
3. The parents of the deceased

If these family members do not file a claim within three months of the death, the executor or personal representative of the estate may bring the lawsuit instead, unless the eligible family members request otherwise.

Each of these individuals may file a claim separately or together in one joint action. The damages recovered are then divided among them according to their level of loss and relationship to the deceased.

Compensation for Wrongful Death

The purpose of a wrongful death claim is to provide financial relief to family members who have suffered losses due to their loved one’s death. Compensation can cover both economic and non-economic damages, including:

Economic Damages

• Loss of the deceased’s income, benefits, and financial support
• Medical expenses related to the fatal injury or illness
• Funeral and burial costs
• Loss of inheritance or future earnings

Non-Economic Damages

• Mental anguish and emotional suffering
• Loss of companionship, love, and guidance
• Loss of care and support

In rare cases involving gross negligence or intentional harm, Texas courts may also award exemplary (punitive) damages to punish the wrongdoer and deter similar behavior in the future.

At Hilliard Law, we work closely with financial experts, economists, and medical professionals to calculate the full extent of your losses and pursue maximum compensation for your family.

Wrongful Death FAQs

What’s the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates surviving family members for their losses. A survival action, on the other hand, allows the deceased person’s estate to recover damages the person could have claimed if they had survived—such as medical bills and pain and suffering before death.

Can I still file a claim if my loved one was partially at fault?

Yes. Texas follows a modified comparative fault rule. As long as your loved one was less than 51% responsible for the incident, you may still recover damages, though the compensation will be reduced based on their degree of fault.

How long does a wrongful death case take?

Each case is different. Some are resolved through settlement in a few months, while others that go to trial can take a year or more. Our firm works efficiently to reach a fair resolution as quickly as possible without sacrificing the quality of your case.

What if the at-fault party is facing criminal charges?

You can still pursue a civil wrongful death claim even if criminal charges are pending. Civil cases are separate and require a lower burden of proof, which means you can win compensation even if the defendant isn’t convicted in criminal court.

How much does it cost to hire a wrongful death lawyer?

At Hilliard Law, we handle wrongful death cases on a contingency fee basis—meaning you pay nothing upfront. We only get paid if we recover compensation for you.

If your family has suffered the wrongful death of a loved one, please call us at (866) 927-3420  or fill out our contact form for a free consultation with our wrongful death attorney in T.