Understanding Wrongful Death Claims: When to Seek Legal Help
Losing a loved one unexpectedly due to someone else’s carelessness or misconduct is one of the most painful experiences we can face. When those tragedies happen, we believe it’s essential to understand your legal rights and how to take action.
At The Torres Law Firm in Corpus Christi, Dallas, and San Antonio, Texas, we know that no legal action can truly make up for the loss of someone you love. Still, wrongful death claims offer families a path toward justice, accountability, and compensation.
Wrongful death claims in Texas allow surviving family members to hold those responsible financially and legally accountable. As attorneys serving communities in Corpus Christi, Dallas, San Antonio, and Fort Worth, we’re committed to helping families figure out when to act, what’s involved, and what they’re entitled to seek.
What Makes A Death Wrongful In Texas
To pursue a wrongful death claim in Texas, the loss must be caused by another party’s negligence, recklessness, or misconduct. That means the death wouldn’t have happened if reasonable care had been taken.
Texas law allows certain relatives to file this type of claim when a person dies due to:
Negligent conduct, such as careless driving or unsafe property conditions
Medical mistakes that lead to preventable death
Defective products or dangerous drugs
Criminal acts such as assault, manslaughter, or drunk driving
The claim doesn’t need a criminal conviction to move forward. In fact, many wrongful death cases happen alongside or entirely separate from any criminal proceedings.
Who Can File A Wrongful Death Claim In Texas
Not everyone close to the deceased can file a claim. Texas law limits who’s allowed to bring forward a wrongful death action.
The following individuals can legally seek damages:
Spouses, including legally married partners at the time of death
Children whether biological or legally adopted
Parents of the deceased, regardless of the child's age
If these individuals don’t file within three months, the executor or personal representative of the estate can pursue the claim unless the family objects.
It’s important to act within the state's time limit for filing. In most cases, the statute of limitations is two years from the date of death. Missing that deadline can mean giving up your right to compensation.
Damages Available In A Texas Wrongful Death Lawsuit
Pursuing a wrongful death claim can help ease financial burdens and recognize the loss in meaningful ways. Texas courts allow families to recover both economic and non-economic damages.
Here’s what families may seek:
Lost earning capacity based on what the deceased would’ve earned over a lifetime
Loss of companionship for the emotional support and presence the loved one provided
Mental anguish that surviving family members experience
Lost inheritance representing what survivors would’ve received if the person had lived a normal lifespan
Medical and funeral expenses incurred due to the injury or death
In rare cases, courts may also award exemplary (punitive) damages if the death was caused by gross negligence or intentional harm. These damages are meant to punish the wrongdoer and discourage similar conduct.
Common Situations That Lead To Wrongful Death
While any situation involving negligence can qualify, there are certain scenarios we see more frequently in our practice.
We’ve outlined some of the most common types below:
Car and truck crashes caused by distracted or impaired drivers
Workplace accidents especially in high-risk industries like construction or oil fields
Medical malpractice such as surgical mistakes or missed diagnoses
Nursing home abuse or neglect leading to injury or death of an elder
Defective products that malfunction or contain hidden dangers
Each case is different, but all share one thing in common: someone failed to act responsibly, and a life was lost as a result.
How A Lawyer Can Help You Build A Case
Wrongful death lawsuits in Texas require more than just emotion—they require strong evidence and clear reasoning. That’s where legal guidance makes a major difference.
When we take on these cases, we help families by:
Investigating the cause of death, including police reports, medical records, and eyewitness statements
Identifying liable partie,s whether it’s an individual, business, or healthcare provider
Calculating damages that reflect both the financial and emotional losses
Filing legal paperwork within the required deadlines
Representing you in court if a fair settlement can’t be reached
We know it’s hard to revisit the circumstances of a loved one’s death. That’s why we handle these matters with care, respect, and clarity—so families can focus on grieving and healing while we handle the legal details.
Why It’s Critical To Act Promptly
Time is not just a legal issue—it’s a practical one, too. Evidence can disappear, memories fade, and witnesses become harder to locate as the months pass.
Acting quickly offers several benefits:
Preservation of evidence like surveillance footage, physical objects, or accident scenes
Stronger witness testimony while events are still fresh in people’s minds
Timely compensation to cover unexpected expenses and lost income
Legal momentum that puts pressure on insurance companies to offer fair settlements
We often speak to families who waited because they were unsure what steps to take or feared adding more stress to an already painful time. Taking legal action doesn’t mean rushing into court—it simply means preserving your rights and exploring your options with support.
How Wrongful Death Differs From Survival Actions
Families sometimes confuse wrongful death claims with survival actions, but the two serve different purposes in Texas.
Here’s a quick comparison to help clarify:
Wrongful death claims are brought by surviving family members to recover their own personal losses.
Survival actions are brought by the estate to recover damages the deceased would have been entitled to if they had survived, such as medical bills or pain and suffering before death.
It’s possible—and often beneficial—to file both types of claims when appropriate. That way, the estate and the family each get the chance to recover what was lost.
What To Expect During The Legal Process
When you reach out for help, we’ll walk you through the entire process step by step. While every case varies, most follow a similar path.
You can expect:
Initial consultation to understand the facts, timeline, and your legal options
Investigation into the death and parties involved
Filing the claim in civil court
Negotiation with insurance companies or opposing counsel
Litigation if settlement discussions fail
Some cases resolve in a matter of months; others take longer, especially if liability is disputed or damages are contested. Regardless, we keep our clients informed every step of the way and stay focused on securing the outcome they deserve.
What To Bring When You Meet With an Attorney
Being prepared can make your initial meeting with us more productive. Gathering the right materials helps us understand the case and assess its strengths quickly.
We recommend bringing:
Death certificate of your loved one
Accident reports from police or other authorities
Medical records and hospital bills
Funeral and burial receipts
Employment records showing lost income
Photos or video related to the incident, if available
A list of witnesses or contacts with relevant information
If you’re not sure what’s relevant, don’t worry—bring what you have, and we’ll help identify the next steps.
Compassionate Legal Advocacy
Losing a loved one is devastating, and we don’t take the trust families place in us lightly. At The Torres Law Firm, we’re here to offer legal support that respects your grief and seeks real accountability.
We are located in Corpus Christi, Dallas, and San Antonio, Texas, and we also serve clients in Fort Worth. If you believe a wrongful death has taken someone from your life too soon, we invite you to contact us to explore how we can help.