What Is A Wrongful Death Lawsuit And How Do Wrongful Death Lawsuits Work?

By Attorney Mike Allbee

Losing a loved one is devastating, especially when their death could have been prevented. When negligence or intentional harm leads to someone’s death, their surviving family members may be able to file a wrongful death lawsuit. This legal action enables families to seek justice and obtain financial compensation, helping to ease the burden of their loss.

Call Allbee Law Firm at (972) 848-4848 for a free case evaluation. Our experienced wrongful death attorneys are here to support you every step of the way.

What Is A Wrongful Death Lawsuit?

Legal Definition And Purpose

A wrongful death lawsuit is a civil legal action brought by surviving family members when a person’s death is caused by someone else’s negligent or intentional conduct. Unlike a criminal case, which seeks punishment through criminal charges, a wrongful death lawsuit focuses on securing financial compensation for the losses suffered by the deceased person’s family.

The purpose of a wrongful death lawsuit is to hold the responsible party accountable and provide financial support for those left behind. These cases often stem from motor vehicle accidents, medical malpractice, or other acts of negligence that caused the death of a loved one.

Differences From Other Civil Lawsuits

Wrongful death claims differ from typical personal injury cases because the injured person is no longer alive to bring the claim. Instead, the lawsuit is filed on their behalf by specific surviving family members. Texas law outlines who is eligible to file a wrongful death claim and the types of compensation available. Wrongful death lawsuits also consider not just economic losses like medical bills and burial expenses, but also non-economic damages such as loss of companionship and mental anguish.

Who Can File A Wrongful Death Lawsuit?

Eligible Family Members Under Texas Law

Under Texas law, a wrongful death lawsuit can be filed by the surviving spouse, children, or parents of the deceased person. If none of these individuals file a lawsuit within three months of the death, the executor or personal representative of the estate may file on behalf of the surviving family members.

It’s important to note that siblings, grandparents, and other extended relatives generally do not have the legal standing to file a wrongful death lawsuit in Texas unless they were appointed as legal representatives of the deceased’s estate.

Role Of A Surviving Spouse Or Children

The role of the surviving spouse and children is significant in wrongful death cases. These family members are often the most directly affected emotionally and financially by the loss. A surviving spouse may claim loss of consortium, while children may seek compensation for the loss of parental guidance and support. Filing a wrongful death claim allows these family members to seek justice and recover compensation for the profound impact the loss has had on their lives.

What Types Of Incidents Lead To A Wrongful Death Case?

Common Examples Of Wrongful Death Causes

Wrongful death lawsuits arise from a wide range of incidents, many of which are tied to negligence or reckless behavior. Some of the most common causes include:

- Motor vehicle accidents, including car, truck, and motorcycle crashes
- Medical malpractice, such as surgical errors or misdiagnoses
- Defective products that cause fatal injuries
- Workplace accidents not covered by workers’ compensation
- Acts of violence or intentional harm

These cases hinge on proving that the party responsible had a duty of care and failed to uphold it, leading to the death.

Motor Vehicle Accidents And Medical Negligence

Motor vehicle accidents continue to be a leading cause of wrongful death in Texas. According to the Texas Department of Transportation, there were 4,150 traffic fatalities in 2024 alone. In these cases, family members may file a wrongful death lawsuit if the accident was caused by a negligent driver, whether through distracted driving, speeding, or driving under the influence.

Medical negligence is another significant cause. If a healthcare provider breaches their duty of care and the result is the patient’s death, the surviving family may have a strong basis for a wrongful death action.

How Do You Prove Negligence In A Wrongful Death Lawsuit?

Establishing Duty of Care And Breach

To succeed in a wrongful death case, it’s crucial to prove that the defendant had a legal duty of care toward the deceased person and that this duty was breached. For instance, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide standard medical care. When this duty is violated—such as through reckless driving or medical errors—it establishes the foundation of negligence.

Connecting The Breach To The Death

Beyond showing a breach of duty, you must also demonstrate that the breach directly caused the death. This link is known as causation. In legal terms, it must be shown by a “preponderance of evidence” that the defendant’s actions were the proximate cause of the victim’s death. This burden of proof differs from criminal cases, where guilt must be proven beyond a reasonable doubt.

How Much Compensation Can You Receive In A Wrongful Death Claim?

Economic Vs. Non-Economic Damages

In a wrongful death lawsuit, compensation—or damages—is awarded to help family members recover financially and emotionally. Economic damages may include:

- Medical expenses incurred before death
- Funeral and burial expenses
- Lost income and benefits the deceased would have earned

Non-economic damages address intangible losses, such as:

- Pain and suffering
- Mental anguish
- Loss of companionship and guidance

Punitive Damages In Texas

In some cases, punitive damages may also be awarded. Punitive damages are meant to punish the defendant for especially reckless or intentional conduct. Under Texas law, punitive damages are only available when clear evidence shows that the death was caused by gross negligence or willful misconduct.

What’s The Difference Between A Criminal Case And A Wrongful Death Lawsuit?

Standard Of Proof In Civil Vs. Criminal Cases

A wrongful death lawsuit is a civil case, not a criminal one. This means the goal is to obtain financial compensation, not to send the defendant to jail. The standard of proof in a wrongful death case is a “preponderance of the evidence,” which is much lower than the “beyond a reasonable doubt” standard used in criminal trials.

This distinction is important because you can still win a wrongful death lawsuit even if the defendant was not convicted in criminal court. Civil courts do not require proof beyond a reasonable doubt—just enough evidence to show that the death was more likely than not caused by the defendant’s negligence or intentional act.

Legal Outcomes And Penalties

While criminal charges can result in prison time or fines, a wrongful death lawsuit can lead to a financial judgment against the party responsible. In some cases, both a criminal case and a civil wrongful death lawsuit may proceed simultaneously, as they serve different legal purposes.

How Long Do You Have To File A Wrongful Death Lawsuit In Texas?

Texas Statute Of Limitations

In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This time limit is critical—if you miss the deadline, the court may dismiss your case entirely, regardless of how strong your evidence is.

Exceptions To The Time Limit

There are limited exceptions to this rule. For example, if the surviving family members were minors at the time of the death or if the negligence was not discovered immediately, the time limit may be extended. It’s essential to consult with a wrongful death attorney as soon as possible to ensure your legal rights are protected.

What Damages Are Available In A Wrongful Death Suit?

Compensation For Losses And Expenses

A wrongful death suit may provide compensation for a range of damages. These include:

- Medical bills and hospital costs related to the final injury
- Burial expenses and funeral costs
- Loss of the deceased’s expected earnings and financial support

These damages aim to ease the financial burden caused by the loss of a loved one and restore some measure of stability for the surviving family.

Loss Of Companionship And Support

Texas law also allows compensation for non-economic damages such as:

- Loss of companionship
- Loss of love, comfort, and emotional support
- Mental anguish suffered by family members

These losses are deeply personal and cannot be measured by receipts or invoices, but they play a vital role in wrongful death claims.

Do You Need A Wrongful Death Attorney?

Benefits Of Legal Representation

Handling a wrongful death lawsuit without a lawyer can be overwhelming. An experienced wrongful death attorney will manage each aspect of the legal process, from gathering evidence to negotiating with insurance companies and other parties. We’ll also help determine the full extent of damages for wrongful death and ensure no claim is overlooked.

How A Lawyer Can Help Negotiate Or Litigate

A personal injury lawyer can help you determine whether to accept a wrongful death settlement or pursue the case in court. If negotiations fail, your attorney will present a compelling case in court. Having a lawyer on your side means having someone who can fight for your rights and seek justice for the death of a loved one.

Talk To A Wrongful Death Lawyer Who Can Help

Get Personalized Legal Advice

No two wrongful death cases are alike. The best way to understand your legal options is to speak directly with an experienced attorney. At Allbee Law Firm, we offer a complimentary case evaluation and will clearly and honestly explain the strengths and weaknesses of your case.

Free Case Evaluation From Allbee Law Firm

You don’t have to go through this alone. If a possible wrongful death has impacted your family, contact Allbee Law Firm at (972) 848-4848. Our legal team focuses on personal injury cases and will fight to seek compensation for the loss of your loved one.