Losing a loved one is heartbreaking. When that loss is caused by someone else’s negligence or misconduct, the pain is even harder to bear. If you are facing this tragic situation, you may have the right to file a wrongful death lawsuit and seek justice.
At Wolf Law PLLC, we understand the emotional devastation and financial uncertainty that follows a wrongful death. Our Dallas wrongful death lawyers provide compassionate support and aggressive legal representation to help you navigate this difficult time.
What Is a Wrongful Death Lawsuit?
Under Texas Civil Practices & Remedies Code § 71.002, a wrongful death lawsuit is a legal action that allows surviving family members to seek compensation when their loved one’s death was caused by another party’s negligence or recklessness.
Ask yourself this question: If your loved one had survived their injuries, would they have been able to file a personal injury lawsuit?
If the answer is yes, then you may be eligible to pursue a wrongful death claim—even if criminal charges have also been filed against the at-fault party. A wrongful death lawsuit is a separate civil action, meaning you can still seek financial recovery regardless of any criminal case outcome.
But proving wrongful death is complex. That’s why having an experienced wrongful death attorney on your side is critical. Your lawyer will gather evidence, build a strong case, and fight to hold the responsible party accountable.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law strictly limits who can file a wrongful death claim. According to Texas Civil Practices & Remedies Code Chapter 71, the following individuals have priority in filing:
- The deceased’s spouse
- Their children (including legally adopted children)
- Their parents
If none of these family members file a lawsuit within three months, the deceased’s estate representative can step in and pursue legal action on behalf of the estate. This ensures justice is still served, even if the immediate family does not act quickly.
Important Note: In addition to a wrongful death lawsuit, family members may be eligible for insurance death benefits. However, insurance companies often try to undervalue or deny payouts. An experienced attorney can protect your rights and ensure you receive the full compensation you deserve.
How a Texas Wrongful Death Attorney Can Help
Navigating a wrongful death lawsuit can be overwhelming. A skilled attorney will handle every aspect of your case, including:
- Investigating the cause of death and identifying all liable parties
• Collecting critical evidence, including accident reports, medical records, and witness statements
• Negotiating with insurance companies to secure maximum compensation
• Handling all legal paperwork and filing deadlines
• Representing you in court if a trial becomes necessary
Additionally, your attorney acts as a buffer, handling stressful negotiations with insurers and opposing counsel—so you don’t have to relive the trauma repeatedly.
Compensation in a Texas Wrongful Death Case
A wrongful death lawsuit seeks to recover damages for the financial and emotional impact of losing a loved one. While no amount of money can replace them, compensation can ease the burden and provide financial stability.
Possible damages include:
- Medical expenses – Covers the cost of the deceased’s final medical treatments
- Funeral & burial costs – Helps pay for funeral services, cremation, or burial expenses
- Lost wages & benefits – Compensates for future earnings the deceased would have provided
- Pain and suffering – Addresses the emotional anguish suffered by family members
- Loss of companionship – Recognizes the impact of losing a spouse, parent, or child
- Lost inheritance – Accounts for the financial impact of an untimely death on beneficiaries
To receive compensation, you must file within the statute of limitations—which leads us to the next critical point.
Wrongful Death Statute of Limitations in Texas
Texas law strictly enforces a two-year deadline for filing a wrongful death lawsuit.
- You have only two years from the date of death to take legal action under Texas Civil Practices & Remedies Code § 16.003.
Miss this deadline, and you lose your right to seek compensation—no matter how strong your case is.
However, some exceptions apply, including:
- Fraudulent concealment – If the cause of death was covered up, the clock may start once the truth is discovered.
- Hit-and-run accidents – If the responsible party is unknown, the deadline may be extended.
Not sure if your case qualifies? Speak with a Texas wrongful death attorney today to understand your legal options before time runs out.
What Types of Accidents Lead to Wrongful Death Claims?
Wrongful deaths happen far too often due to preventable accidents. If you lost a loved one due to someone else’s negligence, you may have grounds for a wrongful death lawsuit.
Here are some of the most common causes of wrongful death:
- Car Accidents – Often caused by reckless driving, distracted driving, or drunk driving
- Truck Accidents – Due to driver fatigue, overloaded cargo, or poor truck maintenance
- Workplace Accidents – Including construction site falls, heavy machinery failures, and chemical exposure
- Medical Malpractice – Such as surgical errors, medication mistakes, or misdiagnosis
- Defective Products – Faulty cars, appliances, or medical devices that cause fatal injuries
- Drowning Accidents – Often due to negligent pool maintenance or lack of supervision
To win a wrongful death case, you must prove that the at-fault party’s negligence directly caused the fatal injury. This requires strong evidence and an experienced legal team fighting on your behalf.
Trust Wolf Law PLLC With Your Wrongful Death Case
Let’s Seek Justice Together. Contact Wolf Law PLLC Today.
The loss of a loved one brings immeasurable grief and potential financial hardship. You don’t have to go through this alone. Wolf Law PLLC is here to fight for you.
- We handle everything—so you can focus on healing
• We fight for maximum compensation—not lowball settlements
• We work on contingency—you pay nothing unless we win
The sooner you take action, the stronger your case will be. Evidence fades, witnesses forget details, and insurance companies try to delay claims.
Don’t wait until it’s too late.
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