Losing someone you love unexpectedly is one of the hardest things a person can endure. When someone else’s actions cause that loss—whether through carelessness, recklessness, or negligence—the pain can be even greater. Families are often left grieving, struggling to pay expenses, and wondering whether they have any legal options.
In Texas, the law recognizes that certain surviving family members have the right to file a wrongful death claim. This blog will discuss who can sue, what damages may be available, and how the process works, which can be a first step toward finding answers and a measure of justice.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone dies because of another person or company’s wrongful act, neglect, carelessness, or failure to act. In the eyes of Texas law, it’s a way for surviving family members to hold the responsible party financially accountable for the harm their loved one suffered.
Common causes of wrongful death include:
- Car, truck, and motorcycle accidents
- Workplace accidents and construction injuries
- Defective products
- Medical malpractice
- Violent crimes resulting from negligent security
In busy metropolitan areas like Dallas-Fort Worth, wrongful death cases often arise after serious traffic accidents, unsafe property conditions, or failures in professional care.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law limits who can bring a wrongful death claim. Those eligible include:
- The surviving spouse
- The children (including adult children)
- The parents of the deceased
If none of these individuals file a claim within three months after the death, the executor or personal representative of the deceased person’s estate may file a claim on behalf of the estate, unless family members specifically request otherwise.
What Damages Are Available in a Texas Wrongful Death Case?
A successful wrongful death lawsuit can help surviving family members recover damages that reflect both the economic and emotional loss they have suffered. These may include:
- Medical expenses related to the injury or illness leading to death
- Funeral and burial expenses
- Loss of the deceased person’s earnings and future financial support
- Loss of companionship, care, and emotional support
- Mental anguish and emotional suffering experienced by surviving family members
No amount of money can replace a loved one, but families deserve justice and financial security.
How Long Do You Have to File a Wrongful Death Claim in Texas?
In most cases, wrongful death lawsuits must be filed within 2 years of the date of death. There are some exceptions, but generally, waiting too long could result in losing the right to seek compensation altogether.
Because gathering evidence, securing expert testimony, and preparing a strong case can take time, it’s essential for families in Dallas-Fort Worth and beyond to seek legal guidance sooner rather than later.
Finding the Right Support
Pursuing a wrongful death claim is never just about money. It’s about getting answers, honoring a loved one’s life, and helping surviving family members find a way forward after an unimaginable loss. The legal system can feel overwhelming at a time when emotions are raw and healing has barely begun.
At Rochelle McCullough LLP, we understand that no legal claim can undo the pain of losing someone you love. What we can offer is compassionate, knowledgeable guidance for families facing some of the most challenging moments of their lives.
If you have questions about filing a wrongful death claim in Dallas-Fort Worth, we are here to provide honest answers and respectful support. Reach out today.