We generally expect our loved ones to live and enjoy life into their seventies and eighties. When death takes a loved one prematurely, it is always devastating. But when the death was entirely preventable and never should have happened, it makes the loss that much harder to bear. An unexpected death often results in financial or emotional havoc in the lives of spouses, children or other family members who survive. When a beloved member of your family is taken without warning, the family is often left with nothing but their grief, funeral expenses, and a pile of medical bills. As a result, there is a compelling need for sound legal advice about what to do next.

What is “Wrongful Death”?

Any death of a loved one is likely to feel “wrongful” to the family of the deceased. Legally speaking, the term “wrongful death” in Texas law is a “wrongful act, neglect, carelessness, unskillfulness, or default” that causes the death of another person. The most common type of wrongful death action is based in negligence. Wrongful death may occur as a result of a premises defect, an accident at a workplace, a defective product, drug or medical device, or nursing home mistreatment or negligence.

In a wrongful death case, the survivors of the deceased bring a legal action against the wrongdoer to recover compensation for the financial and emotional damages they’ve suffered as a result of the wrongful death. Texas law allows the personal representative of the estate, along with the deceased person's surviving spouse, children, and parents—or one or more of those individuals on behalf of them—to file a wrongful death lawsuit.

Why Should I pursue a Wrongful Death Case?

The grief from losing a loved one can be so overwhelming that many feel like pursuing a wrongful death action would be crass or a waste of time. After all, nothing can bring a lost loved one back.

But there are important reasons to begin now to pursue a recovery for a wrongful death. The expenses and lost income resulting from a wrongful death can cause immense financial difficulties for the family. You shouldn’t have to bear those alone if someone else’s wrongful conduct caused your loved ones death. Moreover, achieving some measure of justice and holding those responsible for your loss accountable may be the only thing that can help you to achieve emotional closure.

The loss of a human life is a terrible injustice and tragedy, and it is only right to do whatever you can to achieve as near to a just resolution as the law allows. In some cases, criminal penalties may also apply, but they do nothing to help you and your family. That’s where a wrongful death action can help. 

What Damages Are Available in a Texas Wrongful death Case?

These are some of the types of damages that Texas law allows recovery of pursuant to its survival statute and wrongful death laws:

• Medical bills

• Funeral expenses

• Lost income and benefits

• Mental anguish and grief

• Loss of companionship, guidance and love

• In cases of a willful act or omission or gross negligence, punitive damage to punish the wrongdoer and deter this type of behavior in the future

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You’ve taken the first step to protecting yourself and your family. We hope you find the resources on this website useful to learn more about your rights under the law. That’s the first step.

Then, when you’re ready to take the next step…