Texas Wrongful Death Lawyers

Have You Lost a Loved One Due to Someone Else's Negligence?

Losing a loved one is painful enough without having to deal with complex legal issues. The experienced Texas wrongful death lawyers at Thompson Law are here to help grieving families obtain justice and maximum compensation after a tragic loss. With decades of experience representing clients in wrongful death claims, we have the skills and resources to build strong cases and fight for full financial recovery.

We provide FREE CONSULTATIONS, so you have nothing to lose by calling Thompson Law today at (844) 308-8180. Timing is critical in wrongful death injury cases, and WE ARE STANDING BY 24/7. Don’t delay pursuing full and fair compensation for the loss of your loved one.

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Common Questions About Wrongful Death

Losing someone you love is a devastating experience. You shouldn’t have to face the legal complexities alone. Our Texas wrongful death lawyers are here to guide you through the process, protect your rights, and help you get answers to all your questions.

What is a Wrongful Death Claim in Texas?

Under Texas law, a wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another person or entity. Families of the deceased can pursue legal action against the responsible parties.

Wrongful death claims address losses like:

  • Lost future income
  • Loss of companionship
  • Mental anguish
  • Funeral and burial costs

Damages can provide surviving families with long-term financial security.

Who Can File a Wrongful Death Claim in Texas?

Texas law gives standing to immediate family members including:

  • Surviving spouse
  • Surviving child (adults or minors)
  • Surviving parents
  • Legally adopted children
  • Surviving adoptive parents
  • Executor of the estate for the decedent

Other relatives may also be able to bring a case if they were financially dependent on the deceased. Our attorneys can advise you on your eligibility during a free consultation.

What are the Time Limits for Filing a Wrongful Death Claim?

There are strict deadlines for wrongful death claims in Texas. These legal limits include:

  • 2 years from the date of death for adults
  • Until age 20 for cases involving minors

Talk to our lawyers immediately so we can take prompt legal action within the prescribed time limits.

Navigating the Complexities of Wrongful Death Lawsuits

Losing someone raises so many unanswered questions. What happened? Who is responsible? How will this affect my family? Our Texas wrongful death lawyers are here to help you find the truth and obtain accountability. With decades of experience, we have the legal skills to:

  • Perform in-depth investigations into the cause of death
  • Identify all liable parties
  • Determine valid legal claims such as negligence or medical malpractice
  • Calculate the full scope of financial losses for your family
  • Strongly advocate for you throughout the legal process

At Thompson Law, our sole focus is helping grieving families pursue maximum compensation through wrongful death lawsuits. With compassionate guidance, legal expertise and tireless dedication, we empower families to rebuild their lives.

Wrongful Death Statistics in Texas

Over 35,000 people die from unintentional injuries in Texas annually. The leading causes of unintentional injuries are:

  • Motor vehicle crashes – 3,624 deaths
  • Unintentional poisonings – 2,966 deaths
  • Unintentional falls – 2,504 deaths

Texas also suffers thousands of wrongful deaths annually resulting from:

Families who file wrongful death suits recover over $567 million in compensation per year. Don’t become just another statistic. Work with our experienced Texas wrongful death lawyers to protect your rights.

Sources:  CDC, NHTSA, TxDOT, TDI.

Wrongful Deaths from Fatal Auto Accidents in Texas

Determining Who Can File a Claim After a Wrongful Death

Figuring out who has legal standing for a wrongful death claim can be confusing. Our Texas wrongful death attorneys can help clarify this so you can take appropriate legal action after losing a loved one.

In Texas, the following relatives typically have standing to file a wrongful death suit:

Surviving Spouse

If the deceased was married, the surviving husband or wife has top priority in bringing a claim. They can recover damages for:

  • Loss of companionship
  • Lost earnings and income
  • Mental anguish

Children

If there is no surviving spouse, the children can file a wrongful death claim. Adult and minor children alike can recover compensation.

Parents

For unmarried adults with no children, parents may file suit and claim damages. This includes adoptive parents.

Other Relatives

Texas law makes allowances for other relatives to file suit if they were financially dependent on the deceased. Our attorneys can help determine your eligibility to bring a wrongful death claim after a tragic loss.

How Are Proceeds from Wrongful Death Claims Divided?

In Texas, the proceeds from a wrongful death claim are divided amongst the claimants in a manner deemed just and appropriate by the court. This distribution is not necessarily equal and it does not strictly adhere to the deceased’s will or estate plan. Instead, the court considers several factors such as the degree of dependency on the deceased, the relationship between the claimant and the deceased, and the extent of the claimant’s loss.

For instance, if the deceased was the primary breadwinner, a larger portion of the claim might go to their spouse and children. Understanding the complexities of this distribution can be challenging, which is why working with our experienced Texas wrongful death lawyers can be crucial in securing a fair division of these claims.

Establishing Liability in Wrongful Death Claims

Establishing who is at fault for a wrongful death is crucial but can be challenging. Our experienced Texas wrongful death attorneys have the legal skills to thoroughly investigate your case, build strong arguments and prove liability. With decades of experience holding negligent parties accountable, we won’t rest until you get maximum compensation.

Proving Negligence in Wrongful Death Claims

To recover damages, our lawyers must prove negligence on the part of the defendant or defendants. In Texas, the following elements must be clearly demonstrated to due for damages in wrongful death claims:

  • Duty of care: The defendant had a legal obligation to ensure the safety or wellbeing of the deceased.
  • Breach of duty of care: The defendant failed to fulfill that duty through their actions or inactions.
  • Causation: This breach of duty directly resulted in the death of the individual.
  • Damages: The death of the individual has resulted in quantifiable damages to the surviving family members or estate.

For example, consider a scenario where a truck driver, employed by a logistics company, is tasked with transporting goods across states. In this example, assume the truck driver causes a collision that leads to the death of another driver. Negligence in this trucking accident could be demonstrated by proving:

  • Duty of care:  The truck driver and the logistics company have a duty of care to other drivers to drive safely and responsibly.
  • Breach of duty:  If the truck driver, under pressure to meet a deadline set by the logistics company, drives recklessly or over the legally mandated hours of service, resulting in fatigue, this can be seen as a breach of their duty of care.
  • Causation:  Should this reckless or fatigued driving lead to a collision, causing the death of another driver, the causation element is met.
  • Damages:  The death of this driver can cause significant damages. The family might lose a source of income, incur medical and funeral expenses, and experience emotional distress due to their loss.

We have extensive experience developing compelling wrongful death cases to prove negligence.

What is Needed to File a Wrongful Death Lawsuit in Texas?

To file a wrongful death lawsuit in Texas, several requirements must be met.

  • The claimant must be an eligible party, typically a spouse, child, or parent of the deceased.
  • The defendant must have caused the death due to their negligence, carelessness, unskillfulness, or default.
  • The claim must be filed within two years of the death of the individual unless certain exceptions apply.
  • The claimant must be able to prove the four elements: duty of care, breach of duty, causation, and damages, as described earlier.

In addition to these requirements, the claimant must prepare and file a complaint with the appropriate Texas court. This complaint should provide a brief description of the event, allege how the defendant’s negligence led to the death, and state the damages the claimant seeks to recover.

Consulting with our Texas wrongful death lawyers during this process is highly recommended, as they can provide critical guidance and ensure the claim is presented effectively. A wrongful death lawsuit is a complex legal battle that requires significant legal expertise and experience. It’s not one to take on without professional assistance.

Is Wrongful Death a Civil or Criminal Case?

Wrongful death claims fall under civil law and are separate from any criminal charges. Our goal is obtaining financial compensation for your family, not pursuing criminal penalties.

Can Corporations Be Held Liable for a Wrongful Death?

Yes. Companies and government agencies can be sued for wrongful death if their negligence caused a loss of life. Our lawyers regularly hold corporations accountable.

Types of Damages Available in Wrongful Death Cases

Losing a loved one causes immense grief. While no amount of money can ever replace your cherished family member, financial compensation can provide:

  • Resources to pay funeral costs
  • Income replacement for lost wages
  • Funds to pay off medical expenses
  • Long-term financial stability and security

Our Texas wrongful death lawyers will fight for full damages so you can mourn your loss without worrying about finances.

Types of Compensation Available to Wrongful Death Claimants

Typical damages in wrongful death cases include:

  • Lost income, wages, benefits
  • Loss of companionship
  • Mental anguish
  • Medical expenses
  • Funeral and burial costs

With decades of experience maximizing wrongful death damages, we will pursue every avenue for full compensation. Contact us today.

At Thompson Law

We provide the surviving family members of wrongful death victims with dedicated and tenacious legal representation, ensuring that they get fair value for their claim. Our Texas wrongful death lawyers will build a strong case with supporting evidence so that you recover the money that you deserve.

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Getting Your Family Maximum Compensation for Your Losses

Losing a loved one leaves a massive hole in a family. While the legal system can never make you whole again, financial compensation can provide stability as you move forward. Our Texas wrongful death lawyers will:

  • Thoroughly investigate how your loved one died
  • Build the strongest case possible to prove liability
  • Fight fiercely to recover the maximum damages for your family
  • Handle the legal process so you can focus on healing

With compassionate guidance and tireless dedication, we empower grieving families to obtain justice. Contact us today to start building your claim.

Calculating Wrongful Death Settlements

There is no one-size-fits-all formula for calculating wrongful death payouts. Factors include:

  • Lost income and earning potential
  • Medical expenses
  • Funeral costs
  • Pain and suffering of family members
  • Loss of companionship

With decades of experience, our lawyers will pursue maximum compensation for your unique circumstances. Call Thompson Law today for a FREE CASE REVIEW with one of our Texas wrongful death lawyers.

Critical Filing Deadlines For Texas Wrongful Death Cases

There are strict legal time limits for filing wrongful death claims in Texas. Meeting these deadlines is crucial. Our attorneys respond immediately to new cases so we can take prompt legal action for clients. We never waste valuable time as we build strong cases before times expire. We level the playing field against big companies and their lawyers.

Why Waiting Can Ruin Your Claim

In Texas, adults generally have 2 years to file. For minors, this extends until age 20. Seem like enough time? It’s not. Complex investigations take time. So does preparing convincing legal arguments. Exceeding deadlines permanently bars recovery. Do not risk missing your opportunity. Contact us right away for a NO OBLIGATION CONSULTATION.

Common Texas Wrongful Death Accident Types

Tragically, thousands of negligent deaths occur in Texas annually. Some common scenarios include:

No matter how your loved one died, our attorneys can investigate, prove liability and recover maximum compensation. Call Thompson Law‘s wrongful death lawyers in Texas for a FREE EVAULATION.

What's the Difference Between a Wrongful Death Claim and a Survival Claim?

In the unfortunate event of a death caused by negligence, two types of claims can typically be brought in the state of Texas:

  1. Wrongful death claim:  A wrongful death claim is brought by the deceased’s close relatives, such as a spouse, children, or parents. This claim seeks compensation for their personal loss, such as loss of companionship, mental anguish, lost earnings of the deceased, and other financial hardships caused by their loved one’s untimely demise.
  2. Survival claim:  A survival cause of action is brought by the deceased’s estate and seeks compensation for the damages the deceased would have been entitled to if they had survived. These damages can include pain and suffering experienced before death, medical expenses incurred due to the negligent act, and funeral expenses. Both these claims play significant roles in ensuring justice for the deceased and their families, but they address different aspects of the losses incurred.

If you need help filing a wrongful death or survival claim in Texas, contact our Texas wrongful death lawyers for a FREE CASE REVIEW.

Call for Your Free Consultation

(844) 308-8180

Why Thompson Law is the Right Choice For Your Wrongful Death Case

Losing someone you love is devastating enough without having to face legal challenges alone. At Thompson Law, we understand. For decades, our attorneys have helped Texas families through tragic losses. We provide compassionate guidance so you can focus on healing. Trust our team for:

  • An Unwavering Commitment to Clients:  We know you’re dealing with overwhelming grief and uncertainty. Let us handle the legal complexities and tough negotiations. We will fight tirelessly for you.
  • Decades of Experience Handling Wrongful Death Cases:  There’s no substitute for experience. We’ve handled hundreds of wrongful death cases over decades. Our knowledge and skills produce results for clients.
  • Maximum Possible Compensation:  We will thoroughly analyze losses like earnings, benefits, expenses, companionship and suffering. Then we will work aggressively to recover full damages so you can manage finances.
  • No Fees Unless You Recover Damages:  We operate on a contingency fee basis. You pay nothing upfront or throughout your case. We only collect if you obtain compensation.

The experienced Texas wrongful death attorneys at Thompson Law are ready to help you and your family pursue justice. Contact us today to schedule a FREE CASE ASSESSMENT.

How Our Texas Wrongful Death Lawyers Can Help

Call Our Texas Wrongful Death Lawyers Today!

Losing a loved one raises so many difficult issues. You shouldn’t have to handle legal matters alone. With decades of wrongful death experience and a proven track record, Thompson Law can:

  • Conduct thorough investigations to determine what happened
  • Identify all responsible parties and legal claims
  • Collect police reports, medical records and other evidence
  • Prove liability and negligence caused the death
  • Calculate full compensation for financial losses
  • Advocate aggressively through the claims process
  • Negotiate persistently to maximize settlement amounts

Let us stand beside you and carry the burden during this challenging time. Contact our Texas wrongful death lawyers for dedicated legal representation.

Our Wrongful Death Case Results

We believe our wrongful death case results speak for themselves. In 2021, we obtained 15 of the top 50 injury settlements in Texas and one of the top 100 wrongful death settlements in the United States. You can see all of our results here, or look at the net results paid to clients with complex wrongful death claims below:

  • $11,991,670 – Truck accident
  • $9,512,498 – Chair causing fire
  • $8,540,000 – Vehicle crashworthiness
  • $8,010,186 – Fuel system failure
  • $7,694,750 – Industrial accident
  • $5,704,363 – Vehicle transmission defect
  • $5,154,600 – Defective lamp / smoke inhalation
  • $4,790,686 – Tire failure
  • $4,527,944 – Water heater defect
  • $4,021,912 – Cement wall failure
  • $3,963,371 – Plant explosion
  • $3,833,236Construction accident
  • $3,516,463Commercial vehicle accident
  • $3,143,193Airplane crash
  • $3,020,676 – Natural gas leak
  • $2,873,498 – Automotive accident
  • $2,723,284Premises liability accident
  • $2,090,070Oil field accident

The amounts above are the net settlement dollars put into the pockets of our clients for a variety of different wrongful death claims.  If you have lost a loved one in any type of accident involving negligence, call our law firm for a FREE CONSULTATION to see how we might be able to help. We charge NO FEES unless we are able to obtain a settlement for the loss of your loved one.

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Wrongful Death FAQs

Wrongful Death

In Texas, you have two years from the date of death to file a wrongful death suit. This differs from the statute of limitations for typical personal injury claims not involving death, which allows two years from the date of the accident to file a lawsuit. Our skilled wrongful death attorneys can help ensure you meet all the legal requirements and deadlines necessary. If a wrongful death lawsuit is not filed by the proper person within the time allowed by law, you will lose your right to recover monetary damages.

Knowing the applicable statutes of limitations, understanding the elements of negligence and proximate cause, and gathering evidence to establish liability are all crucial factors that can influence the outcome of a wrongful death case.

Wrongful death cases can be highly emotional and complex, making it crucial to determine who is at fault. In these cases, liability is determined by analyzing the evidence to identify who acted negligently or intentionally caused the death. This often involves investigating the circumstances leading up to the incident, such as whether the victim was in a safe environment and whether there were any contributing factors to the death. Additionally, insurance policies and state laws may also come into play when determining fault. It’s important to have a skilled attorney who can guide you through the legal process and help you receive the compensation you deserve. While nothing can bring back a loved one, accountability can bring some closure and justice for the family.

The loss of a loved one can be a devastating experience, especially when the death was caused by another person’s negligence or intentional harm. In such situations, the surviving family members may be entitled to file a wrongful death lawsuit against the responsible individual or entity. The process for filing a wrongful death lawsuit typically involves gathering evidence, hiring an attorney, filing the complaint, and going through the discovery process which involves exchanging information and evidence with the opposing party. The case may then proceed to trial or settle outside of court. It is important to remember that each state has its own laws and procedures for filing a wrongful death lawsuit, so it’s recommended to consult with an experienced attorney to help guide you through the process.

While many wrongful death cases settle out of court, anyone filing a lawsuit should prepare for the possibility of having to go to trial. A skilled wrongful death attorney can litigate on your behalf to ensure the best possible outcome for you and your family.

In Texas, damages for wrongful death can include funeral and burial expenses, loss of financial support, loss of possible inheritance, pain and suffering, and loss of society, companionship, support, and care. In some instances, punitive damages might be sought. These are damages intended to punish the guilty party and deter other parties from engaging in the same conduct.

In Texas, the surviving spouse, children, or parents can file a wrongful death claim. If no family members file, an executor of the deceased person’s estate may file. Here is a complete guide to wrongful death claims in Texas.

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.