In the simplest terms, a death is considered a “wrongful death” under the law when it is caused by the wrongful act, neglect, carelessness, or failure to act of another person or entity.
Losing a family member is one of the most painful experiences a person can endure, and when that loss could have been prevented, the grief is often compounded by anger and confusion. Speaking with an experienced wrongful death lawyer can help you understand what makes a death a wrongful death in Texas, determine who may be held accountable, and find a path forward for your family.
Key Takeaways about What Constitutes a Wrongful Death
- A wrongful death occurs when a person’s death is caused by another party’s negligence or intentional misconduct.
- Under Texas law, only specific family members, such as the surviving spouse, children, and parents, can file a wrongful death claim.
- Proving a wrongful death case involves establishing a duty of care, a breach of that duty, causation, and damages.
- Compensation in these cases can cover economic losses like lost income and medical bills, as well as non-economic damages like loss of companionship.
- There is a strict time limit, known as the statute of limitations, for filing a wrongful death lawsuit in Texas.
Understanding the Legal Definition of Wrongful Death in Texas
When you hear the term “wrongful death,” it’s important to know that this refers to a civil lawsuit, not a criminal case like murder or manslaughter. While a person’s actions might lead to both criminal charges and a civil lawsuit, these are two separate legal processes with different goals.
The criminal justice system aims to punish the wrongdoer for breaking the law. A civil wrongful death claim, on the other hand, is designed to provide financial compensation to the surviving family members for the devastating losses they have suffered. Texas’s wrongful death statute allows certain family members to hold the negligent party accountable.
Another key difference is the standard of proof. In a criminal case, the prosecutor must prove guilt “beyond a reasonable doubt,” which is a very high bar. In a civil wrongful death case, the family’s attorney must prove the case by a “preponderance of the evidence.” This simply means showing that it is more likely than not that the other party’s negligence caused the death. This lower standard means it’s possible to win a wrongful death lawsuit even if the at-fault party is found not guilty in a criminal trial.
The Four Key Elements of a Wrongful Death Claim
To successfully pursue a wrongful death claim in Texas, your legal team must prove four specific elements of negligence. Think of these as the essential building blocks of the case. If any one of these is missing, the claim may not succeed.
- Duty of Care: The first step is to show that the person or company responsible (the defendant) owed a “duty of care” to the person who passed away. This is a legal responsibility to act with a certain level of caution and prudence to avoid harming others. For example, every driver on I-30 in Arlington has a duty to obey traffic laws and drive safely to protect other motorists, pedestrians, and cyclists.
- Breach of Duty: Next, it must be proven that the defendant “breached” or violated that duty of care. This is the act of negligence or carelessness. Using the driver example, a breach of duty could be texting while driving, speeding, running a red light, or driving under the influence of alcohol.
- Causation: The third element connects the breach of duty directly to the death. You must demonstrate that the defendant’s specific act of negligence was the direct and primary cause of the accident and the fatal injuries that resulted. For instance, the car crash caused by the drunk driver directly led to your loved one’s passing.
- Damages: Finally, it must be shown that the death resulted in specific, measurable losses for the surviving family members. These losses, known as “damages,” are the basis for the financial compensation you are seeking. They can include everything from funeral expenses to the loss of future income and emotional support.
Successfully connecting these four elements is the foundation of a wrongful death lawsuit and is crucial for holding the responsible party accountable for their actions.
Common Scenarios That Lead to Wrongful Death Lawsuits
While a wrongful death can arise from many different situations, some types of accidents more frequently lead to these tragic outcomes. Understanding these scenarios can help you recognize if your family’s loss might fall under this area of law.
Fatal Car and Truck Accidents
Traffic collisions are a leading cause of preventable deaths. Many of these tragedies are the result of negligence. A wrongful death claim can arise from any traffic accident where one party’s carelessness caused the death of another, including:
- Distracted driving (texting, eating, etc.)
- Driving under the influence of drugs or alcohol
- Excessive speeding or reckless driving
- Fatigued driving, especially common in truck accidents
- Failure to obey traffic signals or signs
Whether the accident happened on a busy Tarrant County highway like I-20 or a quiet neighborhood street, the surviving family may have the right to seek justice.
Drunk Driving Collisions
Losing a loved one to a drunk driver is a particularly devastating experience. As mentioned earlier, even if the drunk driver faces criminal charges like intoxication manslaughter, the family has a separate and distinct right to file a civil wrongful death lawsuit.
The civil case focuses on securing financial stability for the family and holding the driver accountable for the immense personal and financial harm they have caused.
Accidents Involving Pedestrians, Motorcycles, and Rideshares
Pedestrians and motorcyclists are incredibly vulnerable on the road. They lack the physical protection of an enclosed vehicle, and an accident that might be minor for a car’s occupants can be fatal for them. These deaths often occur when drivers fail to yield the right-of-way, are distracted, or don’t properly check their surroundings, especially in busy areas like near Globe Life Field or in downtown Fort Worth.
Similarly, accidents involving rideshare vehicles can lead to complex wrongful death claims, often involving the driver’s, the company’s, and other parties’ insurance policies.
Premises Liability and Slip & Fall Incidents
Property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to do so, and someone dies as a result, it can be grounds for a wrongful death lawsuit. This is known as “premises liability.”
Examples include a fatal fall due to a broken staircase, an electrocution from faulty wiring that wasn’t repaired, or a drowning in an unsecured swimming pool. The key is proving the property owner knew or should have known about the dangerous condition and did nothing to fix it.
Who is Eligible to File a Wrongful Death Claim in Texas?
Texas law is very specific about who can and cannot file a wrongful death lawsuit. This right is reserved for the closest family members who are most directly affected by the loss. Grieving family members outside of this group, unfortunately, do not have legal standing to bring a claim.
The eligible parties in Texas are:
- The surviving spouse
- The surviving children (biological and legally adopted)
- The surviving parents
These individuals can file a lawsuit together as a group, or any one of them can file on behalf of everyone. If none of these eligible family members file a claim within three calendar months of the person’s death, the personal representative or executor of the deceased’s estate may then file the lawsuit instead.
Understanding Compensation: What Damages Can Be Recovered?
While no amount of money can ever replace a loved one, the legal system provides a way for families to recover financial compensation, or “damages,” to help ease the burdens they now face. The purpose of these damages is to compensate the family for their tangible and intangible losses.
Damages in a Texas wrongful death case are typically divided into three categories:
- Economic Damages: These are the measurable financial losses the family has suffered. This can include the loss of the deceased’s earning capacity, lost inheritance, the value of household services they provided, medical bills from the final injury, and funeral and burial expenses.
- Non-Economic Damages: These are intangible but very real losses that affect the family’s emotional well-being. This includes compensation for mental and emotional anguish, loss of companionship and society (for a spouse), and the loss of love, comfort, care, and guidance (for a child or parent).
- Exemplary Damages: Also known as punitive damages, these are not meant to compensate the family but to punish the defendant for extremely reckless or malicious behavior. They are awarded only in rare cases, such as when a death is caused by a drunk driver with a long history of offenses, to deter them and others from similar conduct in the future.
Calculating the full scope of a family’s damages requires a thorough and compassionate assessment of their past, present, and future needs.
What is a Survival Action and How is it Different?
In discussions about wrongful death, you may also hear the term “survival action.” While related, it is a separate and distinct legal claim. It’s helpful to understand the difference.
- A wrongful death claim compensates the surviving family members for the losses they have suffered due to their loved one’s death (e.g., loss of income, loss of companionship).
- A survival action, as defined by Texas law, is a claim brought by the deceased person’s estate for the losses the deceased person themselves suffered before they passed away.
Essentially, a survival action allows the personal injury claim the deceased could have filed to “survive” their death. This can include damages for their physical pain and suffering, medical expenses they incurred, and their own lost wages between the time of injury and their death. These two claims are often filed together to ensure all aspects of the loss are addressed.
The Statute of Limitations: A Critical Deadline for Texas Families
When you are grieving, the last thing on your mind is a legal deadline. However, Texas law sets a strict time limit for filing a wrongful death lawsuit, known as the statute of limitations. For most wrongful death cases in Texas, the family has two years from the date of the person’s death to file a lawsuit.
This deadline is critically important. If you miss it, the courts will almost certainly bar you from ever bringing a claim, regardless of how strong your case may be. While some very narrow exceptions exist, they are rare and difficult to prove. Acting promptly allows a legal team to preserve crucial evidence, interview witnesses while their memories are fresh, and build the strongest possible case for accountability.
FAQs: What Makes a Death a Wrongful Death?
Losing a loved one raises many difficult questions. Here are answers to some common concerns we hear from families navigating this process.
Yes, you absolutely can. A criminal case and a civil wrongful death lawsuit are two independent legal actions. The outcome of one does not legally determine the outcome of the other. The civil case focuses on financial accountability to the family, while the criminal case focuses on legal punishment for the state.
Texas follows a legal rule called “proportionate responsibility.” This means a family can still recover damages as long as their loved one was not 51% or more at fault for the accident that caused their death. However, any compensation awarded will be reduced by their percentage of fault. For example, if your loved one was found to be 10% at fault, the total damage award would be reduced by 10%.
The timeline for a wrongful death case can vary significantly. Some cases may be resolved through a settlement with an insurance company in a matter of months. Others, especially those involving complex evidence or uncooperative defendants, may need to go to trial and can take a year or longer. The specific facts of your situation will determine the potential timeline.
A Compassionate Arlington Wrongful Death Attorney Can Help
If you lost a loved one due to another’s negligence, a compassionate and dedicated attorney can help you seek justice through a wrongful death claim. Their role is to handle every legal detail—from conducting a thorough investigation and gathering evidence to negotiating with insurance companies and fighting for you in court. This advocacy allows you and your family the space you need to grieve, heal, and begin rebuilding your lives.
The dedicated legal team at Branch & Dhillon, P.C. is here to listen to your story with compassion and help you understand your options. Our personal injury lawyers handle the legal burdens so you can focus on what matters most: your family. Contact us today at (817) 533-3430 or through our online form for a free, no-obligation consultation to discuss your case.