How to File a Wrongful Death Lawsuit in Texas

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How to File a Wrongful Death Lawsuit in Texas

Losing a loved one is an incredibly painful experience, and when that loss is caused by someone else’s recklessness, negligence, or wrongful actions, the emotional burden can feel even heavier. At Sutliff & Stout, our wrongful death lawyers understand the depth of your grief, as well as the financial hardship that often accompanies the loss of a family member. While no amount of compensation can replace your loved one, a wrongful death settlement or award can provide the financial support needed to help you rebuild your life during this difficult time.

If your loved one died as a result of another person’s negligence, Texas law allows you to seek justice through a wrongful death lawsuit. Here’s everything you need to know about the process and how an experienced attorney can help.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought by the surviving family members of someone who has died as a result of another party’s negligent actions. Through this lawsuit, the family can seek compensation for various financial losses, including:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Lost wages or future earnings
  • Loss of companionship and emotional support

However, not every death qualifies as wrongful. To qualify for a wrongful death claim, the plaintiff must prove that the defendant’s negligence or wrongful actions directly caused the death.

Key Elements of a Wrongful Death Case

To successfully prove a wrongful death claim in Texas, certain legal elements must be established. These key elements help demonstrate the connection between the defendant’s actions and the loss suffered by the surviving family members. The 4 elements in a wrongful death case are duty of care, breach of duty, causation, and damages.

1. Duty of Care

In every wrongful death case, the defendant must have owed the deceased a “duty of care.” This means that the person or entity responsible for the accident or death had a legal obligation to act in a way that would avoid causing harm to others.

Examples of Duty of Care:

Drivers. All drivers owe a duty to operate their vehicles safely and follow traffic laws to prevent harm to others on the road.

Medical professionals. Doctors, nurses, and healthcare providers owe a duty to provide medical care that meets a certain standard of care, ensuring patient safety.

Property owners. Property owners (e.g., store owners, landlords) owe a duty to keep their property safe from hazards that could cause injury or death to visitors, customers, or tenants.

If the defendant’s actions fall within a category where they have a legal duty to protect others (such as driving safely, maintaining a safe environment, or providing proper medical care), this establishes the first essential element of a wrongful death case.

2. Breach of Duty

Once the duty of care has been established, the next step is to show that the defendant breached that duty. A breach of duty means that the defendant failed to meet the expected standard of care, which directly contributed to the victim’s death.

Examples of Breach of Duty:

Reckless driving. A driver speeding or running a red light breaches their duty of care to drive safely, increasing the risk of an accident.

Medical negligence. A doctor prescribing the wrong medication or failing to diagnose a treatable condition breaches the duty of care to provide proper medical treatment.

Unsafe property conditions. A store owner who fails to clean up a spilled liquid, leading to a slip and fall accident, breaches their duty to maintain a safe premises.

To prove breach of duty, the plaintiff (the surviving family members) must show that the defendant’s actions were unreasonable or outside the accepted standards of behavior for the situation.

3. Causation

Causation means that the defendant’s breach of duty directly caused the death of the victim. It’s not enough to show that the defendant acted negligently; there must be a clear link between their actions and the fatal incident.

Types of Causation:

Actual cause (cause in fact) – This refers to whether the defendant’s actions directly resulted in the death. For example, if a driver runs a red light and crashes into another car, causing the victim to die, it’s clear that the driver’s action was the actual cause of the death.

Proximate cause – This refers to whether the defendant’s actions were a foreseeable cause of the death. For example, if a driver is speeding in a school zone and hits a pedestrian, it is foreseeable that speeding in that area could cause harm or death to someone.

In a wrongful death claim, the plaintiff must demonstrate that the victim’s death wouldn’t have occurred without the defendant’s negligent actions.

4. Damages

For a wrongful death claim to be successful, the surviving family members must show that they suffered measurable damages as a result of the death. These damages can be both economic and non-economic.

Economic Damages:

These are tangible losses that can be quantified. They include:

Medical expenses – The cost of any medical treatment the deceased received before passing.

Funeral and burial costs – Expenses related to the funeral and burial of the deceased.

Lost income – The future income the deceased would have earned if they had not died. This could include wages, salary, or benefits.

Loss of financial support – If the deceased was a primary breadwinner, the surviving family members may be entitled to compensation for the financial support they lost.

Non-Economic Damages:

These are intangible losses that are harder to measure but still significant. They include:

Loss of companionship – The emotional toll the family suffers from the loss of a loved one. This includes the loss of guidance, love, affection, and support.

Loss of consortium – The impact the death has on a spouse’s relationship with their partner (e.g., loss of companionship, intimacy, etc.).

The purpose of these damages is to compensate the surviving family members for the loss they have endured, both financially and emotionally.

Who Can File a Wrongful Death Lawsuit in Texas?

In Texas, the primary individuals eligible to file a wrongful death claim are the immediate family members of the deceased. These individuals are presumed to have suffered the most significant emotional and financial losses from the death.

Immediate family members include:

Surviving spouse

Children (minor or adult)

Parents (if the deceased had no surviving spouse or children)

If the immediate family members do not file the lawsuit within three months of the death, a personal representative of the deceased person’s estate may file the lawsuit on behalf of the family.

What Happens if the Immediate Family Does Not File a Wrongful Death Lawsuit Within Three Months?

Chapter 16, Section .003 of the Texas Civil Practice and Remedy Code sets a critical deadline: a wrongful death lawsuit must generally be filed within two years of the date of death. However, the law allows certain parties to file a wrongful death lawsuit beyond the immediate family. Chapter 71, Section .004 of the Texas Civil Practice & Remedy Code allows for an executor or administrator to bring forth a wrongful death suit unless the surviving family requests a claim is not made.

The Three-Month Window: Who Can Act After Three Months?

According to the Chapter 16 statute mentioned prior, the immediate family members (spouse, children, or parents) typically have the first right to file a wrongful death lawsuit. However, if these immediate family members do not file the lawsuit within the first three months following the death, a personal representative of the deceased’s estate may step in and file the wrongful death lawsuit on behalf of the family.

This three-month period serves as a grace period for the family to decide whether they want to pursue legal action. If no action is taken during this time, the personal representative of the deceased’s estate has the legal standing to file the lawsuit. This representative is often the executor or administrator of the deceased’s estate, a person who has been legally appointed to manage the deceased’s affairs and assets.

Why Is the Three-Month Window Important?

This provision ensures that if the immediate family members do not act quickly, the right to file a lawsuit does not expire. The personal representative can step in and protect the deceased’s estate by pursuing legal action against the responsible party. While the personal representative can file the lawsuit, it’s important to note that any potential damages recovered from the lawsuit will still go to the surviving family members, such as the spouse, children, or parents, based on their respective legal claims.

What Happens If No Action Is Taken at All?

If neither the immediate family members nor the personal representative of the estate files a wrongful death lawsuit within two years from the date of death, the claim may be barred due to the expiration of the statute of limitations. In Texas, wrongful death lawsuits must be filed within two years of the date of death, and failing to meet this deadline generally results in the dismissal of the case. The statute of limitations is strict, and once it expires, the family members lose the legal right to seek compensation for the wrongful death.

Statute of Limitations for Wrongful Death in Texas

In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the death. This means that the lawsuit must be filed within two years of the fatal incident. However, there are some exceptions to this deadline, such as if:

  • The plaintiff is a minor child
  • The cause of death was not immediately apparent
  • The defendant’s negligence was concealed (e.g., in cases of medical malpractice or fraud).

Common Examples of Wrongful Death

Wrongful death can occur in a variety of circumstances. Some common examples include:

  • Motor vehicle accidents (car, motorcycle, pedestrian, bicycle accidents)
  • Medical malpractice (negligent care by healthcare providers)
  • Defective products (dangerous or poorly designed products causing death)
  • Premises liability accidents (slip and fall accidents on unsafe property)
  • Intentional harm (assaults or homicides)

Steps in a Wrongful Death Lawsuit

1. Consult an Attorney

The first step is to speak with an experienced wrongful death lawyer. These cases are often complex, and having legal representation early on can significantly increase your chances of success. Your attorney will assess the strength of your case, explain your rights, and guide you through the legal process.

2. Investigation and Evidence Collection

Once your attorney determines that you have a valid claim, they will conduct a thorough investigation. This may involve obtaining police reports, medical records, and witness statements, as well as working with experts to establish the cause of death and who was at fault.

3. Filing the Lawsuit

If the responsible party (or their insurance company) refuses to offer a reasonable settlement, your attorney will file a formal lawsuit. This document outlines the facts of the case, including the cause of death, the parties involved, and the amount of compensation being sought.

4. Discovery Phase

This is the fact-finding phase of the lawsuit, where both sides exchange information and evidence. Discovery can be time-consuming and may take several months.

5. Mediation or Trial

Before going to trial, Texas courts often require the parties to attend a settlement conference with a mediator. The mediator will work to help both sides reach an agreement. If mediation fails, your case will go to trial. Your wrongful death lawyer will represent you in court, presenting evidence, questioning witnesses, and making a compelling argument for why you deserve compensation.

What Damages Can I Recover in a Wrongful Death Lawsuit?

In a wrongful death lawsuit, the following types of compensation may be available:

  • Funeral and burial expenses
  • Medical bills from the time of the injury until the victim’s death
  • Lost earnings (including past and future income the deceased would have earned)
  • Loss of companionship (emotional and financial support provided by the deceased)
  • Loss of inheritance (the loss of future inheritance due to the untimely death)
  • Loss of household services (e.g., unpaid work the deceased provided to the household)

How Sutliff & Stout Can Help

At Sutliff & Stout, we understand that losing a loved one due to another party’s negligence is devastating. We are here to help you through this challenging time by providing compassionate and effective legal representation.

Here’s how we can assist you:

  • Legal Expertise. Our wrongful death attorneys are well-versed in Texas wrongful death laws and have the knowledge and skills to navigate the complexities of your case.
  • Thorough Investigation. We will gather crucial evidence to build a strong case, including accident reports, medical records, witness testimony, and expert analysis.
  • Skilled Negotiation. We will handle all communications and negotiations with the insurance companies or responsible parties to secure a fair settlement.
  • Court Representation. If settlement talks fail, we will represent you in court, fighting for the compensation you deserve.

While no amount of money can replace your loved one, we believe that securing fair compensation can help ease the financial burden caused by this tragic loss. Our team is committed to pursuing justice and holding the negligent party accountable for their actions.

Get the Justice You Deserve – Free Consultation Available

If you have lost a loved one due to someone else’s negligence or intentional misconduct, contact Sutliff & Stout today. We offer a free consultation where you can discuss your case with an experienced wrongful death attorney. Let us help you navigate the legal process and secure the compensation and justice your family deserves.

Contact us today to learn how we can help you through this difficult time.

Hank Stout
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