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Understanding Texas Wrongful Death Law


If someone you love has been killed due to someone else's negligent actions, it can be an incredibly stressful time. Not only are you dealing with the complex emotions of grieving, but you are also likely trying to comprehend your legal rights and responsibilities. Things are not made any easier by the constant hassling of the negligent party's insurance company trying to get you to give a recorded statement. First things first: you have no obligation to them whatsoever. Don't give them a recorded statement - you don't have to and if you do it could be used against you later on to ruin your claim.

As a Denton wrongful death lawyer, I know how important it is for relatives of a deceased accident victim to seek out legal advice as soon as possible after their loved ones death. However, I also appreciate the many reasons why someone in mourning would not want to rush out to the nearest attorney's office. For that reason, I have compiled some basic information which will hopefully help you learn some of the central facts about Texas wrongful death law which should serve you until you are ready to speak to a lawyer in person.

Who can make a wrongful death claim on behalf of the deceased?

Under Texas law, only the immediate relatives can make a wrongful death claim. This means the deceased's parents, spouse or children. Basically, anyone who suffer pecuniary loss (financial damage) as a result of that person's death. It is important to note that under Texas law, life partners do not qualify.

Who can a wrongful death claim be made against?

A wrongful death claim could be made against either an individual or a business whose negligent action caused the death of the deceased. This might be a drunk driver and/or the bar that continued to serve them when they were already intoxicated. It could be the 18 wheeler truck driver and the carrier company he works for. If it was a technical problem with the deceased's vehicle, it could be the car manufacturer themselves. These are all traffic accident examples, but a wrongful death case can be brought due to any number of different situations.

What kind of damages can be sought?

The sole purpose of making a civil wrongful death claim is to recover monetary damages against the insurance company of the at-fault party. The major elements to a settlement typically include any medical expenses and burial costs already incurred, as well as any loss of income which the deceased would have contributed to the household had they not suffered an untimely death. In the case of the victim being a housewife, this becomes a consideration of the family's increased expenditures instead (e.g. housekeeping, childcare cost, etc).

Obviously, every wrongful death case is as unique as the individual whose life has been lost. For more information relevant to your personal situation, please give me a call for a completely free, no obligation consultation. Call toll free at 800-354-6275 or contact me online and a wrongful death attorney will contact you as soon as possible.


Other Articles You Might Be Interested In:
Wrongful Death
Making A Wrongful Death Claim on Behalf of Someone Who Has Died
Making a Claim Against All Insurance Policies Available
Why NOT to Deal With Insurance Companies on Your Own
Life After An Accident Can Be Stressful Unless You Hire An Attorney




The Anderson Law Firm offers free no obligation consultations to people injured in accidents or who have suffered physical harm as a result of someone else's actions. We do not charge you to initially discuss your situation and establish whether you have a claim to pursue. You can call us and discuss your case over the phone, we can set up an appointment for you to come into our office, or we can visit you in your home anywhere in the metroplex.

If after meeting with us you decide that we are the best personal injury lawyer for you, then we will enter into a contingent fee agreement. This means that we only get paid when we win a settlement or jury verdict in your favor. You don't pay us anything up front. We will cover all expenses spent working on your case. Only when we win for you will you need to pay us. If we don't win, then you owe us nothing.

Contact us online now or call us 24 hours a day toll free on 1-800-354-MARK (1-800-345-6-275). You can also call us locally in Fort Worth on 817-294-1900 or in Dallas on 214-327-8000.


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