Losing a spouse, child, or parent because of someone else’s negligence is fundamentally different from an ordinary personal injury claim.
There is no medical treatment that can restore what was lost. A family may suddenly face funeral expenses, lost income, lost financial support, and an entirely different future. At the same time, surviving family members may be forced to deal with insurance companies and legal questions while they are grieving.
Texas law allows certain family members to pursue a wrongful death claim when another person’s wrongful conduct causes a death.
If your family lost a loved one because of a serious accident or another person’s negligence, D. Willis Law can help you understand who may bring a claim, what damages may be available, what evidence should be preserved, and what options exist under Texas law.
A wrongful death claim is a civil action arising from a death caused by legally wrongful conduct.
Under Texas Civil Practice and Remedies Code §71.002, a person may be liable for damages arising from an injury that causes another person’s death when the injury was caused by a wrongful act, neglect, carelessness, unskillfulness, or default.
In practical terms, many wrongful death claims arise from conduct that could have supported a personal injury lawsuit if the injured person had survived.
Instead, Texas law gives certain surviving family members their own right to pursue damages resulting from the death.
Texas limits wrongful death beneficiaries to particular family members.
Under Texas Civil Practice and Remedies Code §71.004, a Texas wrongful death action is for the exclusive benefit of the deceased person’s:
One or more of those individuals may bring the action for the benefit of all qualifying beneficiaries.
This means that determining the family relationships involved is one of the first steps in evaluating a Texas wrongful death case.
Yes.
A surviving spouse is expressly included among the beneficiaries authorized by Texas law to recover wrongful death damages.
Depending on the evidence, the surviving spouse’s damages may involve the loss of financial support, companionship, society, care, maintenance, advice, counsel, and other losses recognized under Texas law.
The effect of losing a spouse is highly individual.
The damages analysis should therefore focus on the actual relationship rather than treating every surviving spouse’s loss as identical.
Yes.
Children are included among Texas wrongful death beneficiaries.
A child’s loss may involve far more than the deceased parent’s income.
Depending on the circumstances, a child may lose parental care, guidance, advice, emotional support, companionship, and other contributions that would otherwise have continued for years.
The age of the child, the nature of the relationship, the deceased parent’s role in the child’s life, and other evidence can become important.
Yes.
Texas law includes parents among the beneficiaries entitled to pursue a wrongful death claim for the death of a child.
That right is not limited to the death of a minor child.
The death of an adult child may also support a wrongful death claim by qualifying parents.
As with other wrongful death claims, the damages depend on the circumstances and evidence concerning the relationship.
Generally, no.
Texas’s wrongful death statute identifies surviving spouses, children, and parents as the beneficiaries.
Brothers and sisters are not included in that statutory list.
The same is generally true of grandparents and other relatives who do not fall within one of the categories authorized by the statute.
This can produce difficult results for families in which a sibling, grandparent, or other relative had an exceptionally close relationship with the deceased.
Nevertheless, wrongful death rights are created by statute, and Texas law limits who may recover under that statute.
The surviving spouse, children, and parents may bring the wrongful death action, and one or more may bring it for the benefit of all qualifying beneficiaries.
Texas law also addresses what happens when the beneficiaries do not file promptly.
Under Texas Civil Practice and Remedies Code §71.004(c), if none of the qualifying beneficiaries begins the action within three calendar months after the death, the executor or administrator of the deceased person’s estate generally must bring and prosecute the action unless all of the beneficiaries request that the representative not do so.
This rule is separate from the statute of limitations.
Families should therefore obtain advice about who should bring the case rather than assuming they can simply wait until the limitations deadline approaches.
This distinction is extremely important.
A wrongful death claim belongs to the statutory beneficiaries and seeks compensation for losses they suffered because their loved one died.
A survival claim is different.
Under Texas Civil Practice and Remedies Code §71.021, a personal injury cause of action does not disappear merely because the injured person dies. The claim survives in favor of the person’s heirs, legal representatives, and estate as provided by Texas law.
One way to understand the distinction is to ask two different questions:
Wrongful death: What did the surviving family members lose because this person died?
Survival action: What claim did the deceased person have because of the injury before death?
Depending on the circumstances, both types of claims may arise from the same fatal accident.
Wrongful death damages are intended to compensate qualifying beneficiaries for losses resulting from the death.
Depending on the circumstances and evidence, potential damages can include losses associated with:
The damages are highly dependent on the individual family.
The loss experienced by a young child whose parent dies may look very different from the loss experienced by the parent of an adult child or by a spouse after decades of marriage.
A serious wrongful death case therefore requires more than simply calculating the deceased person’s previous income.
Potentially, yes.
The loss of companionship and society can be a significant component of a Texas wrongful death claim.
Human relationships do not have invoices or receipts.
Evidence may instead involve the nature and duration of the relationship, time spent together, family activities, communication, emotional closeness, caregiving, and the role the deceased played within the family.
Friends, relatives, photographs, communications, and other evidence can sometimes help explain the relationship.
The objective should not be to exaggerate grief.
It should be to provide an accurate picture of the person who died and what that person’s absence means to the surviving family.
Loss of inheritance can potentially be part of a wrongful death damages claim.
The concept generally concerns what the deceased probably would have accumulated and left to a beneficiary had the person lived a normal expected lifetime.
This can require consideration of matters such as:
In an appropriate case, economists or other experts may be needed to analyze financial losses.
A survival action concerns the claim the deceased person could have pursued had he or she survived.
Depending on the circumstances, potential survival damages can involve losses sustained between the injury and death, including appropriate medical expenses, physical pain, mental anguish, lost earnings, and other recoverable damages.
The facts can make an enormous difference.
Someone who dies immediately may present different survival damages from someone who remains conscious, receives extensive medical treatment, and survives for weeks or months before dying from the injuries.
Wrongful death and survival damages should therefore be analyzed separately even though they arise from the same event.
Potentially.
Texas law refers to punitive damages as exemplary damages.
Under Texas Civil Practice and Remedies Code §71.009, exemplary damages may be recovered in a wrongful death action when the death was caused by a defendant’s willful act or omission or gross negligence.
Exemplary damages are not available merely because an accident resulted in a tragic death.
Whether they may be pursued depends on the defendant’s conduct and the evidence.
Wrongful death claims can arise from many types of negligent or wrongful conduct.
Potential cases include:
The fact that a death occurred does not automatically establish wrongful death liability.
The claimant must still establish a legal basis for holding another person or company responsible.
A fatal automobile collision can result from speeding, distracted driving, intoxication, unsafe turns, failure to yield, running a traffic signal, or other negligent conduct.
The investigation may involve:
If your loved one was killed in a passenger-vehicle collision, our San Antonio car accident lawyer page explains additional issues that can arise in Texas automobile claims.
Fatal commercial truck crashes can be particularly complicated.
Potentially responsible parties may include the driver, motor carrier, vehicle owner, maintenance company, loading company, or another business depending on what caused the collision.
Important evidence can include:
Some of this evidence may not be retained indefinitely.
A serious commercial-truck fatality should therefore be investigated promptly.
Our San Antonio truck accident lawyer page discusses commercial trucking claims in greater detail.
Motorcyclists have little physical protection when another vehicle causes a collision.
A fatal motorcycle case may involve disputed liability, allegations concerning speed or visibility, helmet issues, intersection evidence, vehicle data, or questions about what each driver could see before impact.
Assumptions about motorcyclists should not substitute for evidence.
The collision should be investigated based on the physical evidence, witnesses, video, vehicle information, and applicable traffic laws.
Learn more on our San Antonio motorcycle accident lawyer page.
A pedestrian struck by a motor vehicle can suffer catastrophic or fatal injuries because there is virtually nothing protecting the body from impact.
Fatal pedestrian cases can involve crosswalks, traffic signals, turning vehicles, distracted driving, speeding, nighttime visibility, hit-and-run drivers, or commercial vehicles.
Video can be particularly important.
Nearby businesses, homes, vehicles, or traffic systems may have captured the collision, but recordings can be overwritten.
Our San Antonio pedestrian accident lawyer page explains Texas pedestrian law and related accident issues.
A cyclist can suffer fatal injuries after being struck by a passenger vehicle or commercial truck.
Important evidence may involve right-of-way, roadway position, vehicle speed, driver distraction, passing distance, intersection design, lighting, and visibility.
The bicycle, vehicle, helmet, photographs, video, and electronic information may all become relevant.
Additional information is available on our San Antonio bicycle accident lawyer page.
Workplace fatalities can involve particularly complicated legal issues in Texas because private employers generally may choose whether to participate in the Texas workers’ compensation system.
A fatal work accident may potentially involve:
Texas workers’ compensation law also contains special provisions concerning certain deaths caused by an employer’s gross negligence.
Our San Antonio workplace accident lawyer page explains the distinction between workers’ compensation, nonsubscriber claims, and third-party workplace claims.
A severe traumatic brain injury can result in death immediately or after an extended period of hospitalization and treatment.
When someone survives for a period before dying, both wrongful death and survival claims may become particularly important.
Medical records can help establish the progression of the injury, treatment provided, level of consciousness, prognosis, expenses, and cause of death.
These cases may require testimony from treating physicians and other medical experts.
The precise elements depend on the underlying legal theory, but a negligence-based wrongful death case generally requires proof that the defendant owed an applicable legal duty, breached that duty, and caused the injury resulting in death.
The death itself does not establish negligence.
For example, after a fatal motor vehicle accident, the investigation still needs to determine what the defendant did wrong and whether that conduct caused the collision.
In a product case, construction case, premises case, or commercial trucking case, different legal theories and evidence may apply.
That is why the underlying cause of the death matters just as much as the resulting damages.
A wrongful death case may require evidence concerning both liability and the family’s damages.
Liability evidence can include:
Damages evidence may include:
A strong case should establish not only how the death occurred but also who the deceased person was and what the family lost.
One of the first things I would want to determine after a preventable death is what evidence exists today that may not exist six months from now.
A business may overwrite surveillance video.
A trucking company may possess electronic information subject to retention policies.
A damaged vehicle may be repaired or destroyed.
A dangerous condition may be corrected.
Witnesses may move or become difficult to locate.
The statute of limitations may provide considerable time to file a lawsuit, but that does not mean it is wise to wait that long to begin investigating a serious case.
Evidence can disappear much sooner.
A fatal accident may lead to both a criminal investigation and a civil wrongful death claim.
These are separate proceedings.
For example, an intoxicated driver may face criminal charges while the deceased person’s family separately pursues a civil claim for damages.
Texas law expressly provides that a wrongful death action is not precluded merely because the death resulted from a felonious act or because there may be a criminal proceeding relating to the felony.
The criminal case and civil case can involve overlapping evidence, but they have different purposes, parties, burdens, and potential outcomes.
A family does not necessarily have to wait for a criminal prosecution to conclude before obtaining advice about its civil rights.
A wrongful death case does not require a criminal conviction.
Civil liability and criminal responsibility are different legal questions.
A prosecutor’s decision not to file charges does not automatically determine whether a person or company can be held financially responsible under civil law.
Similarly, a traffic citation is not the entire civil case.
The wrongful death claim should be evaluated under the applicable civil law and evidence.
Texas uses a proportionate-responsibility system.
In an appropriate negligence case, the defendant may argue that the deceased person contributed to the accident.
The effect of that allegation depends on the evidence and Texas law.
This can become particularly significant because the person who died cannot personally explain what happened.
Physical evidence, video, electronic data, witnesses, accident reconstruction, and other independent evidence may therefore be especially valuable.
A defendant’s version of events should not automatically be accepted simply because the deceased person cannot respond.
The absence of an eyewitness does not necessarily prevent a wrongful death claim.
Modern accident investigations can involve many forms of evidence besides eyewitness testimony.
Depending on the case, investigators may examine:
Sometimes the physical and electronic evidence can provide important information about an accident even when nobody saw the entire event.
Catastrophic accidents frequently involve more than one potentially responsible party.
For example, a commercial trucking case might involve questions concerning the driver, motor carrier, vehicle owner, maintenance company, or loading company.
A construction death might involve a general contractor, subcontractor, equipment company, property owner, or other entity.
Identifying every potentially responsible party can be particularly important when the family’s damages are substantial.
It may also reveal additional insurance policies or other potential sources of recovery.
Texas law does not necessarily require wrongful death proceeds to be divided equally among beneficiaries.
Under Texas Civil Practice and Remedies Code §71.010, a jury may award damages proportionate to the injury resulting from the death and divide the award among the individuals entitled to recover.
In a negotiated settlement, allocation issues may also need to be addressed among the beneficiaries.
The losses suffered by different family members can differ substantially.
A surviving spouse, minor child, adult child, and parent may each have a different relationship with the deceased and different damages.
Texas provides a specific protection for wrongful death damages.
Under Texas Civil Practice and Remedies Code §71.011, damages recovered in a wrongful death action are not subject to the debts of the deceased.
That reflects an important distinction between wrongful death damages—which compensate statutory beneficiaries for their losses—and assets belonging to the deceased person’s estate.
Survival claims and estate matters can involve different considerations.
Texas generally provides a two-year limitations period for an action involving an injury resulting in death.
Under Texas Civil Practice and Remedies Code §16.003, the cause of action generally accrues on the date of the injured person’s death.
This is important because the deadline is commonly misunderstood.
Exceptions and special rules can apply, and certain defendants—particularly governmental entities—may be subject to notice requirements that arise much earlier.
Families should not rely on a general website article to calculate the deadline in a particular case.
And the legal deadline is only part of the concern.
Evidence may disappear long before the statute of limitations expires.
Claims involving governmental entities can be significantly different from ordinary negligence claims.
Governmental immunity, the Texas Tort Claims Act, statutory limitations, damage caps, and notice requirements may apply depending on the circumstances.
Potential cases might involve:
Some notice deadlines can arise far sooner than the ordinary two-year limitations period.
A fatal accident potentially involving a governmental entity should therefore be evaluated promptly.
There is no legitimate average settlement amount that can determine the value of a wrongful death claim.
The value depends on the individual family and circumstances.
Potential factors include:
Two cases involving people of the same age and income can still involve very different damages.
The deceased person was not merely an economic unit.
A proper evaluation should consider both financial loss and the human relationship that was taken away.
Life insurance and wrongful death claims are different.
Life insurance is generally a contractual benefit paid according to the insurance policy.
A wrongful death claim seeks damages from a person or entity legally responsible for causing the death.
Receiving life insurance benefits does not mean that the person or company responsible for the death is automatically relieved of potential civil liability.
Specific insurance and damages issues should be evaluated based on the circumstances.
Be cautious.
An insurance company may contact family members soon after a fatal accident.
You should always be truthful, but the liability insurer represents its insured’s financial interests.
Before giving a detailed recorded statement, signing releases, providing broad authorizations, or accepting a settlement, consider obtaining legal advice.
This is particularly important when the accident involves catastrophic damages, disputed responsibility, commercial defendants, or multiple insurance policies.
An early settlement may provide financial relief, but settling a wrongful death claim is a major decision.
A settlement generally ends the claim against the released parties.
Before settling, the family should understand:
A quick offer should not substitute for understanding the case.
There is no standard timeline.
A case involving clear liability, a single defendant, and adequate insurance may proceed differently from a commercial trucking death involving multiple companies and disputed responsibility.
Timing can depend on:
The objective should not simply be to resolve a serious case as quickly as possible.
The family should understand the evidence and potential damages before making an irreversible settlement decision.
Wrongful death cases frequently involve significant damages and complicated legal issues.
An attorney can investigate the accident, preserve evidence, identify defendants, locate insurance coverage, coordinate wrongful death and survival claims, evaluate damages, work with experts when necessary, and communicate with insurers and opposing attorneys.
Legal representation can become particularly important when the case involves:
The greater the loss and the more complicated the accident, the more important careful investigation becomes.
A wrongful death lawyer can help answer several different questions at the same time.
Who has the legal right to bring the claim?
Who caused the death?
Are multiple parties responsible?
What evidence needs to be preserved?
What insurance coverage exists?
Does the estate have a survival claim?
What did each beneficiary lose?
Depending on the case, the investigation may involve:
A serious wrongful death case should tell two stories clearly:
why the death occurred and what the loss means to the family left behind.
Wrongful death cases are not simply personal injury cases with larger damages.
The person who could best describe the accident may no longer be available to testify. The family may know very little about what happened. Important evidence may be controlled entirely by the person or company potentially responsible.
After many years working with personal injury cases, one of the first things I would want to know after a preventable death is who has evidence that the family does not have.
That might be a trucking company with electronic records, a business with surveillance video, an employer with safety documents, or another driver whose vehicle contains crash data.
Identifying and preserving that evidence can be just as important as determining the family’s damages.
At the same time, a wrongful death case cannot be reduced to accident reconstruction and financial calculations.
The case also needs to explain who the deceased person was—as a spouse, parent, child, provider, caregiver, advisor, and companion.
Wrongful death and other personal injury claims are commonly handled on a contingency-fee basis.
Under a contingency arrangement, the attorney’s fee generally is calculated as a percentage of the recovery rather than billed by the hour while the case proceeds.
The exact fee arrangement and responsibility for case expenses should be explained in a written agreement before representation begins.
D. Willis Law offers free initial consultations so your family can discuss what happened and understand the available options before deciding how to proceed.
No legal claim can undo the death of someone you love.
But when a preventable death was caused by another person’s or company’s negligence, Texas law may provide surviving family members with important rights.
D. Willis Law can review what happened, determine who may be legally responsible, identify potential insurance coverage, and help your family understand the wrongful death and survival claims that may be available.
Contact D. Willis Law for a free and confidential consultation about your San Antonio wrongful death case.
This page is provided for general informational purposes only and does not constitute legal advice. Every wrongful death case is different, and the applicable law, beneficiaries, damages, insurance coverage, and deadlines depend on the particular circumstances. Reading this page or contacting D. Willis Law does not create an attorney-client relationship. An attorney-client relationship is established only through an appropriate written agreement.