Mark Anderson | July 29, 2026 | Wrongful Death
No lawsuit can replace a spouse, parent, child, or other loved one. However, Texas law allows certain surviving family members to pursue a wrongful death lawsuit against the person or company responsible for the death. These lawsuits provide families with an opportunity to seek financial compensation and hold the negligent party accountable.
People might assume that wrongful death lawsuits are limited to car accidents, but they can arise from many different situations. Whenever someone’s wrongful acts, neglect, carelessness, or other legal wrongdoing causes another person’s death, a wrongful death action may be possible.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim brought by certain surviving family members after another person’s wrongful conduct causes the death of a loved one.
A wrongful death case is not a criminal action. Instead, this type of lawsuit seeks financial compensation for the losses surviving family members suffer because of a death. In many situations, the same event can lead to both criminal charges and a wrongful death lawsuit. For example, a drunk driver who causes a fatal crash may face criminal prosecution. At the same time, the victim’s family may pursue a civil wrongful death claim.
The two cases serve different purposes and follow different legal standards. The focus of a wrongful death lawsuit is helping surviving family members recover compensation for the losses they have experienced because of their loved one’s death.
What Types of Incidents Qualify for Wrongful Death Lawsuits?
Wrongful death lawsuits can arise from many different kinds of accidents and dangerous situations. Some of the most common include:
- Motor vehicle accidents: Fatal crashes involving passenger vehicles remain one of the leading causes of wrongful death claims.
- Commercial truck accidents: Collisions involving tractor-trailers and other large commercial vehicles often result in catastrophic injuries because of the tremendous size and weight of the trucks.
- Workplace accidents: Some occupations expose workers to significant hazards every day.
- Medical malpractice: Doctors, nurses, hospitals, and other healthcare providers have a duty to provide treatment that meets the accepted standard of care.
- Dangerous property conditions: Property owners have a responsibility to maintain reasonably safe premises for visitors. Wrongful death cases may arise when dangerous property conditions cause fatal injuries.
- Defective products: Manufacturers have a duty to design and produce reasonably safe products. When dangerous products reach consumers, fatal injuries can occur.
When negligence contributes to someone’s tragic death, surviving family members may have legal options.
Who Can Bring a Wrongful Death Lawsuit in Texas?
Not every family member has the legal authority to file a wrongful death lawsuit. Under Texas law, the people who may bring a wrongful death claim include:
- The surviving spouse
- The surviving children
- The surviving parents
These eligible family members may bring the lawsuit individually or together. If none of the eligible family members files a lawsuit, the personal representative of the deceased person’s estate may file the claim.
Since these rules can be complicated, families should speak with an attorney as soon as possible after a fatal accident. This can help the surviving family make informed decisions about pursuing a claim.
What Damages Can You Recover in a Wrongful Death Lawsuit?
The death of a loved one creates financial losses that can continue for years. It also leaves emotional wounds that never fully heal.
Texas law allows eligible family members to seek compensation for both economic and non-economic losses associated with the death. Damages may include:
- Loss of financial support
- Loss of earning capacity
- Loss of household services
- Loss of care
- Loss of companionship
- Loss of emotional support
- Mental anguish experienced by surviving family members
In addition, the deceased person’s estate may, through a separate survival claim, seek damages the deceased could have recovered had they survived. This action can seek certain medical expenses, lost income before death, pain and suffering, and funeral expenses.
Contact Anderson Injury Lawyers To Schedule a Free Consultation With an Austin Wrongful Death Attorney
When someone else’s negligence takes the life of a loved one, surviving family members have legal options. Understanding whether the incident qualifies for a wrongful death lawsuit is an important first step.
If you have lost a loved one due to someone’s negligence or wrongful conduct, don’t hesitate to get legal help. Contact Anderson Injury Lawyers to schedule a free consultation with an Austin wrongful death lawyer. Let us help you investigate the death, gather appropriate evidence, and fight for the compensation your family deserves.
We proudly serve Tarrant County, Dallas County, Travis County, and throughout Texas.
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About the Author
Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.
Location: Dallas, Fort Worth, and Austin, Texas
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