Wrongful Death Claims in Texas: Who Can File and What Can Be Recovered
Losing a loved one unexpectedly is one of life’s most difficult experiences. When that loss is caused by someone else’s negligence or wrongful conduct, surviving family members may face emotional trauma, financial uncertainty, and many unanswered questions.
Although no amount of compensation can replace a loved one, Texas law allows certain family members to pursue a wrongful death claim. This guide explains who can file a claim and the types of damages that may be available.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that allows certain surviving family members to seek compensation when a loved one’s death is caused by another’s negligence or wrongful conduct.
A wrongful death claim is closely related to a personal injury claim. If the person who died would have been able to file a personal injury lawsuit had they survived the accident or incident, certain surviving family members may have the right to pursue a wrongful death claim on their loved one’s behalf.
Why Do Wrongful Death Claims Exist?
Wrongful death laws are intended to protect families after the loss of a loved one and promote accountability when a preventable death occurs.
One purpose of these laws is to provide financial relief to surviving family members who have lost a loved one’s income, services, guidance, and companionship. While no amount of compensation can replace a life, it can help ease the financial burdens that often follow a tragic loss.
Wrongful death laws also hold negligent individuals, businesses, and organizations accountable for the harm they cause. By allowing families to pursue civil claims, these laws encourage people and companies to follow safety standards and take reasonable steps to prevent similar tragedies in the future.
What Types of Accidents Commonly Lead to Wrongful Death Claims?
Wrongful death cases arise from many different types of accidents and incidents.
Some of the most common examples include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Workplace accidents
- Defective products
- Medical malpractice
Texas law allows eligible surviving family members to seek compensation for the loss of a loved one.
Who Can File a Wrongful Death Claim in Texas?
One of the most common questions families ask is who has the legal authority to bring a wrongful death lawsuit. Texas law limits wrongful death claims to certain surviving family members.
Generally, those who may have the right to bring a wrongful death claim include:
- Surviving spouses: A husband or wife may pursue compensation for the losses caused by the death of their spouse.
- Children: Biological and legally adopted children may have the right to bring a wrongful death claim.
- Parents: Parents may be entitled to pursue compensation for the wrongful death of a child.
Not every relative is eligible to file a wrongful death claim. Because these rules can be complex, families should consult with an experienced attorney to determine if they have legal standing.
What Damages Can Be Recovered in a Texas Wrongful Death Case?
The damages available in a Texas wrongful death case depend on the facts of the case and the family’s losses. Compensation may include:
- Loss of financial support and future income
- Loss of companionship, guidance, and care
- Mental anguish suffered by surviving family members
- Loss of inheritance
- Funeral and burial expenses, when permitted by law
An experienced wrongful death lawyer can evaluate your case and help identify all available damages.
Contact the Dallas Wrongful Death Attorneys at Benton Accident & Injury Lawyers for Help Today
The death of a family member can leave families struggling with emotional and financial challenges. A wrongful death claim may provide accountability and financial support during this difficult time.
If another person’s negligence causes your loved one’s death, don’t hesitate to get help. Contact Benton Accident & Injury Lawyers for a free consultation with a Dallas wrongful death lawyer. We can help clarify your legal rights, explain your options, and pursue the justice your family deserves.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861
About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
