What Are My Chances of Winning A Wrongful Death Suit?

Navigating the complexities of a wrongful death lawsuit in Texas can be an emotionally taxing and legally challenging endeavor. Such lawsuits arise when a person’s death is caused by the negligence or misconduct of another individual or entity. Our Houston wrongful death lawyers can help you understand the legal landscape and the factors that influence the outcome of a wrongful death lawsuit is crucial for families seeking justice and compensation for their loss.

This article aims to provide a comprehensive guide on the intricacies of wrongful death claims in Texas, offering insights into the chances of winning such a lawsuit.

Understanding Wrongful Death Claims

Wrongful death claims are civil lawsuits filed by the surviving family members or the estate of the deceased. These claims seek compensation for the emotional and financial losses suffered due to the untimely death of a loved one. In Texas, a wrongful death claim can be filed if the wrongful act, neglect, carelessness, unskillfulness, or default of one party results in the death of another.


Sec. 71.002. CAUSE OF ACTION. (a) An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section.

(b) A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default. Full statute at https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

Establishing Wrongful Death Claims in Texas

To establish a valid wrongful death claim, it’s essential to prove that the defendant’s negligence or misconduct directly resulted in the death. For instance, if a person dies due to a faulty product, the manufacturer could be held liable. Similarly, if a person dies in a car accident caused by a drunk driver, the driver can be sued for wrongful death.

Who Can Bring A Wrongful Death Claim?

Tx CPRC Sec. 71.004. BENEFITTING FROM AND BRINGING ACTION. (a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.

It’s also worth noting that not everyone can file a wrongful death claim. In Texas, the surviving spouse, children, and parents of the deceased have the right to bring forth a lawsuit. If these immediate family members do not file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the lawsuit unless a family member specifically requests not to.

Wrongful Death Lawsuit Examples

Texas has witnessed several notable wrongful death lawsuits that serve as precedents and offer insights into the legal process. For instance, in a case where a worker died due to unsafe working conditions, the employer was held liable for not ensuring a safe work environment. In another case, a medical facility was sued for wrongful death after a patient died due to medical malpractice.

These cases underscore the importance of gathering robust evidence and building a strong case. They also highlight the various scenarios under which entities can be held accountable. Whether it’s a company’s negligence, a medical professional’s oversight, or an individual’s recklessness, the Texas legal system provides avenues for families to seek justice.

Top 20 Wrongful Death Attorney Lawsuit Examples

  1. Car Accidents: A driver’s negligence or recklessness results in the death of another motorist, pedestrian, or passenger.
  2. Truck Accidents: A commercial truck collision caused by driver fatigue, improper maintenance, or other negligent factors.
  3. Motorcycle Accidents: A motorist fails to see a motorcyclist, leading to a fatal crash.
  4. Medical Malpractice: A doctor’s or hospital’s negligence leads to a patient’s death, such as surgical errors or misdiagnosis.
  5. Defective Products: A consumer dies due to a faulty product, like malfunctioning car brakes or tainted medication.
  6. Workplace Accidents: A construction worker falls from a height, or a factory worker gets caught in machinery.
  7. Pedestrian Accidents: A pedestrian is fatally struck by a vehicle while crossing the street or walking on the sidewalk.
  8. Nursing Home Neglect: An elderly resident dies due to inadequate care, malnutrition, or untreated medical conditions.
  9. Premises Liability: A person dies from a slip and fall accident or due to unsafe conditions on someone’s property.
  10. Boating Accidents: A boat collision or capsizing event caused by operator negligence.
  11. Airplane Crashes: Mechanical failures, pilot errors, or other negligent actions leading to fatal accidents.
  12. Train Accidents: Collisions or derailments caused by operator error or poor track maintenance.
  13. Exposure to Toxic Substances: Death from prolonged exposure to harmful chemicals or materials, like asbestos.
  14. Criminal Acts: Homicides, assaults, or other intentional acts leading to death.
  15. Drowning: Due to lack of safety measures in public pools or negligence of lifeguards.
  16. Birth Injuries: Negligence during childbirth causing fatal injuries to the infant.
  17. Pharmaceutical Errors: Wrong medication or dosage leading to a patient’s death.
  18. Defective Medical Devices: Malfunctioning implants or equipment causing fatal complications.
  19. Animal Attacks: A person is fatally injured by an aggressive animal due to the owner’s negligence.
  20. Recreational Accidents: Fatalities resulting from negligent operation or maintenance of amusement park rides or recreational facilities.

It’s important to note that the specifics of each case, including the circumstances and the jurisdiction, will determine whether a wrongful death claim is viable.

Factors Influencing the Outcome of a Wrongful Death Lawsuit

Several factors can influence the outcome of a wrongful death lawsuit in Texas. One of the most critical elements is the evidence presented. Solid evidence that establishes the defendant’s negligence or misconduct is pivotal for a successful claim. This could include medical records, eyewitness testimonies, expert opinions, and any other relevant documentation.

Another crucial factor is the legal representation. Having an experienced accident injury attorney who understands the nuances of Texas wrongful death laws can significantly impact the case’s outcome. They can guide the family through the legal process, ensuring that all necessary documentation is filed, deadlines are met, and the family’s rights are protected.

It’s also essential to understand that Texas follows the “modified comparative negligence” rule. This means that if the deceased is found to be partially at fault for their death, the compensation amount can be reduced based on their percentage of fault. For instance, if the deceased is found to be 20% at fault, the compensation would be reduced by 20%.

Wrongful Death – Personal Injury Attorney

Wrongful Death Lawsuit Statute of Limitations


Time is of the essence when it comes to filing a wrongful death lawsuit in Texas. Texas imposes a strict statute of limitations, which is a time limit within which the lawsuit must be filed. In Texas, a wrongful death claim must be filed within two years of the deceased’s death. There are, however, certain exceptions to this rule, such as when the claimant is a minor or mentally incompetent.

It’s crucial to act promptly and consult with an attorney to ensure timely filing. Missing the deadline can result in the loss of the right to seek compensation, no matter how strong the case might be.

Nursing Home Wrongful Death Settlements

Nursing homes are entrusted with the care and well-being of our elderly loved ones. However, instances of negligence and misconduct can lead to tragic outcomes. In Texas, families can file wrongful death claims against nursing homes if they believe that their loved one’s death was a result of negligence or abuse.

Such claims can arise from various scenarios, such as medication errors, inadequate supervision leading to falls, or even intentional abuse. Establishing negligence in these cases requires thorough investigation and evidence gathering. Medical records, staff testimonies, and expert opinions can play a pivotal role in building a strong case.

It’s also worth noting that Texas has specific laws and regulations governing nursing homes. Any violation of these regulations can strengthen the wrongful death claim. Families should be vigilant, document any signs of negligence or abuse, and seek legal counsel promptly.

Potential Damages and Compensation

In a wrongful death lawsuit, the compensation awarded aims to cover both tangible and intangible losses suffered by the family. Tangible losses include medical expenses, funeral costs, and lost wages. Intangible losses, on the other hand, cover emotional distress, loss of companionship, and pain and suffering.

The compensation amount can vary based on several factors, such as the deceased’s age, earning capacity, and the circumstances of the death. It’s essential to document all financial and non-financial losses meticulously. Consulting with experts can also help in determining the potential value of the claim.

Wrongful Death Attorney Near Me

Losing a loved one due to someone else’s negligence or misconduct is a traumatic experience. While no amount of compensation can bring back the deceased, a successful wrongful death lawsuit can offer some solace to the grieving family. It ensures that the responsible parties are held accountable and provides financial support to the family during these challenging times. If you or someone you know has lost a loved one due to wrongful death, it’s crucial to consult with a Texas wrongful death attorney. They can guide you through the legal process, ensuring that your rights are protected and that you receive the compensation you deserve.

Texas Wrongful Death Attorney FAQ

What Is The Average Wrongful Death Settlement Amount in Texas?

Determining an “average” wrongful death settlement amount in Texas is challenging due to the unique circumstances surrounding each case. Several factors influence the amount of compensation awarded in wrongful death lawsuits:

  1. Nature and Circumstances of the Death: The more egregious or negligent the act that caused the death, the higher the potential settlement. For instance, a death resulting from a company’s blatant disregard for safety regulations might result in a higher settlement than one where negligence was less clear-cut.
  2. Economic Damages: This includes the deceased’s lost wages, loss of future earnings, medical bills, funeral expenses, and any other financial losses the family has incurred due to the death.
  3. Non-Economic Damages: These are intangible losses, such as pain and suffering, loss of companionship, and emotional distress. Texas does not cap non-economic damages in most wrongful death cases, but there are exceptions, such as medical malpractice cases.
  4. Punitive Damages: In cases where the defendant’s actions were particularly reckless or malicious, the court might award punitive damages. These are meant to punish the defendant and deter similar behavior in the future. Texas does have caps on punitive damages, which is set at the larger of $200,000 or two times the amount of economic damages plus an amount equal to non-economic damages, not to exceed $750,000.
  5. Comparative Fault: Texas follows a “modified comparative fault” rule. If the deceased is found to be partially at fault for their death, the compensation amount can be reduced based on their percentage of fault.
  6. Legal Representation: The expertise and negotiation skills of the attorney representing the family can significantly influence the settlement amount.

While it’s difficult to pinpoint an average settlement amount, wrongful death claims in Texas can range from thousands to millions of dollars, depending on the factors mentioned above. It’s essential to consult with an experienced wrongful death attorney in Texas to get a better understanding of the potential value of a specific case.

Who Gets The Money In A Wrongful Death Lawsuit?

In Texas, the distribution of funds from a wrongful death lawsuit is governed by the Texas Wrongful Death Act. The beneficiaries eligible to recover damages in a wrongful death claim are:

  1. Spouse: The surviving husband or wife of the deceased can claim compensation. This includes both legally married couples and those who are informally married (common-law spouses).
  2. Children: Biological and legally adopted children of the deceased are eligible. This does not include stepchildren unless they were legally adopted by the deceased.
  3. Parents: The biological or adoptive parents of the deceased can recover damages, especially if they were financially dependent on the deceased or have suffered emotional trauma due to the loss.

If any of these eligible beneficiaries file a wrongful death claim, the compensation is typically divided among them. The distribution is not always equal and can be based on factors like the degree of dependency on the deceased, the relationship’s closeness, and other considerations.

In cases where multiple beneficiaries exist, and there’s disagreement on the distribution, the court may intervene to allocate the funds in a manner deemed just and appropriate.

It’s important to note that siblings and other relatives (like grandparents, cousins, etc.) are not eligible to recover damages in a wrongful death lawsuit in Texas. If the deceased has a will or estate plan, any assets or funds not related to the wrongful death claim will be distributed according to that document.

Is There A Wrongful Death Compensation Formula?

There isn’t a one-size-fits-all “formula” for calculating wrongful death compensation, as each case is unique and depends on various factors. However, there are general components and considerations that attorneys and courts use to determine the value of a wrongful death claim:

  1. Economic Damages: These are tangible losses that can be calculated based on evidence. They include:
    • Lost Earnings: This considers the deceased’s age, occupation, earning history, and potential future earnings.
    • Medical Expenses: Bills related to the deceased’s final medical treatments.
    • Funeral and Burial Costs: Expenses associated with laying the deceased to rest.
    • Loss of Benefits: This can include pensions, medical coverage, or other benefits the deceased provided to their family.
  2. Non-Economic Damages: These are intangible losses that don’t have a direct monetary value but significantly impact the survivors. They include:
    • Pain and Suffering: Emotional distress experienced by the survivors.
    • Loss of Consortium: The loss of companionship, love, care, and guidance due to the death.
    • Loss of Household Services: The value of services the deceased provided, like childcare, home maintenance, etc.
  3. Punitive Damages: In some cases, if the defendant’s actions were particularly reckless or malicious, the court might award punitive damages. These are not meant to compensate the family but to punish the wrongdoer and deter similar behavior in the future.

To determine the value of a wrongful death claim, attorneys will gather evidence, consult with experts (like economists or medical professionals), and consider legal precedents. They’ll also factor in the circumstances of the death, the deceased’s life expectancy, their health before the accident, and the financial and emotional impact on the survivors.

While there’s no strict formula, the above components provide a framework for estimating potential compensation. It’s crucial to consult with an experienced wrongful death attorney to get a more accurate assessment tailored to the specifics of a case.