When someone you love is taken because of a violent act, the world stops. You’re dealing with police, grief, shock, and all the questions that come with a loss that never should’ve happened.
In some cases, the person responsible will be arrested and charged with a crime. But even if the criminal justice system does its part, it won’t cover funeral costs. It won’t replace lost income. And it won’t provide any real financial support for the family left behind.
That’s where a wrongful death claim comes in. If a loved one was killed because of a crime, you may have the right to file a civil lawsuit—one that’s separate from any criminal prosecution.
What’s the Difference Between Criminal and Civil Cases?
When someone commits a crime, the government steps in to prosecute. The goal is punishment—jail time, fines, probation. But the victim’s family doesn’t receive compensation through that process.
A wrongful death claim is different. It’s a civil case filed by surviving family members to recover damages. You can bring this kind of claim even if there’s already a criminal case underway—or even if no charges are filed at all.
One important thing to know: civil cases have a lower burden of proof. While criminal trials require evidence “beyond a reasonable doubt,” civil cases only need to show that it’s more likely than not that the person or business is responsible.
When a Crime Can Lead to a Wrongful Death Claim
Not every crime results in a wrongful death, but when it does, the law allows families to seek accountability. Some common examples include:
- Fatal assaults, including shootings or stabbings
- Armed robbery that ends in death
- Domestic violence cases
- Drunk or drug-impaired driving
- Illegal street racing or reckless conduct
- Sexual assault that causes fatal harm
Sometimes the person who committed the crime is the only one responsible. But in other cases, there’s more to look at.
Who Can Be Held Liable?
The obvious answer is the person who committed the act. But depending on the situation, others may share legal responsibility.
For example:
- A property owner who failed to provide security in a high-crime area
- A business that ignored known risks or failed to protect customers
- A bar that overserved someone who later caused a fatal crash
- An employer that didn’t act on threats or complaints of violence
In some cases, these third parties may be the only practical option if the offender can’t pay a judgment.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, certain family members are allowed to bring a wrongful death claim:
- The deceased person’s spouse
- Their children (minor or adult)
- Their parents
If none of these parties files a claim within three months of the death, the estate’s representative can step in and pursue it on behalf of the estate.
What Can You Recover?
When a family member is killed, the losses are emotional, financial, and personal. A wrongful death claim allows you to seek compensation for:
- Medical and Funeral Expenses–Covers any treatment the person received before passing and the cost of burial services.
- Lost Income and Support–Includes wages the person would have earned and contributions they made to the household.
- Pain and Suffering–This may apply both to the victim (if they survived for a time) and the family.
- Loss of Companionship–Recognizes the emotional loss of a spouse, parent, or child and the role they played in your life.
- Punitive Damages – In some cases, especially when the conduct is violent or reckless, punitive damages may be awarded to punish the wrongdoer.
Talk to a Dallas–Fort Worth Wrongful Death Attorney
If you lost a family member because of a crime, don’t wait to explore your legal rights. A civil claim won’t undo what happened, but it can provide support and a sense of justice.
Contact Rochelle McCullough for a free consultation. We’ll listen, review your options, and help you move forward. There’s no fee unless we recover compensation on your behalf.