Did you lose a loved one in an accident in Texas? Contact Anderson Injury Lawyers for a free consultation at (817) 294-1900. Our experienced Texas wrongful death attorneys can help you take legal action and secure meaningful compensation, as well as a sense of justice moving forward.
Our founding attorney, Mark Anderson, has over 30 years of experience in the field of law. We’ve recovered over $100 million for clients across the state and have earned a reputation for fighting tirelessly for those who have lost so much due to no fault of their own. With us, you’ll never be just another case number. We’ll treat you and your family with the respect and personal attention you deserve, guiding you through every step of the legal process.
Why Should I Choose Anderson Injury Lawyers to Handle My Family’s Texas Wrongful Death Case?
At Anderson Injury Lawyers, we are well known throughout the State of Texas for successfully standing up to major insurance companies and corporations. We prepare every case as if it’s going to trial, in large part because we believe thorough preparation is one of the keys to securing winning results.
We’re also led by an attorney who has been routinely recognized by Super Lawyers and is Board Certified in Personal Injury Trial Law, an honor held by only a few lawyers in the state. When you work with our Texas personal injury attorneys, you can expect:
- Personalized, comprehensive legal representation: We will take the time to understand your family’s needs and goals.
- Successful results: Our attorneys have successfully resolved complex and high-stakes wrongful death claims throughout the state.
- Compassionate support: We’ll handle the legal stress so you can focus on healing and remembering your loved one.
At the end of the day, our mission is simple: to provide aggressive legal advocacy while treating every client with the care and respect they deserve.
Contact our law office today to schedule a free consultation with a Texas wrongful death attorney.
What Is Wrongful Death in Texas?
Under Texas law, a wrongful death occurs when someone’s “wrongful act, neglect, carelessness, unskillfulness, or default.” These cases can arise from a wide range of incidents, including motor vehicle collisions, workplace accidents, premises liability, and defective products.
The law allows surviving family members to bring a civil claim against the at-fault party. The goal of a wrongful death action isn’t punishment, but rather compensation for the financial and emotional harm caused by the loss.
Separate from criminal prosecution, a wrongful death lawsuit focuses on helping families recover the resources they need to move forward. Importantly, you can still win your wrongful death claim regardless of how the criminal case plays out because the burden of proof is lower.
Who Is Eligible to File a Wrongful Death Claim in Texas?
Only certain individuals can file a wrongful death claim in Texas, including:
- The deceased person’s spouse
- Their children (including adult children)
- Their parents
If none of these family members file a claim within three months, the executor of the estate may bring the action unless the surviving family specifically requests otherwise.
How Much Is a Texas Wrongful Death Case Worth?
Every wrongful death claim is different, and so there’s no universal formula for determining its value. The amount your family may recover depends on the unique circumstances of the case, including:
- The victim’s age, health, and earning capacity
- The financial and emotional support the victim provided
- The nature of the at-fault party’s negligence
- The evidence available to prove liability
- Insurance policy terms and limits
- Whether punitive damages apply
Courts also consider the emotional and psychological toll on surviving family members. As a result of these factors, wrongful death cases often require the expertise of economists and other experts. Anderson Injury Lawyers has established relationships with professionals like these and can leverage them to your benefit.
What Damages Are Available in a Texas Wrongful Death Claim?
No amount of money can replace your loved one, but financial compensation can help protect your family’s future and relieve immediate pressures. Texas law allows families to recover economic and non-economic forms of damages, which may include:
- Loss of income, support, and benefits
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Mental anguish and emotional suffering
- Loss of companionship, care, and guidance
In some cases, you may also be entitled to exemplary (punitive) damages. These are awarded when the defendant’s conduct was especially reckless or intentional, such as in drunk driving or gross negligence cases.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Texas?
Our wrongful death lawyers in Texas represent clients on a contingency fee basis, meaning our fee is contingent on winning your case. You pay nothing in attorney’s fees unless we recover compensation for you under this framework.
This approach ensures that every family, regardless of its financial circumstances, can access experienced, high-quality legal representation.
What if My Loved One Was Partly Responsible for the Accident?
Texas follows a modified comparative negligence law when determining fault in wrongful death and other personal injury claims. This means your family can still recover compensation as long as your loved one was less than 51% responsible for the accident that caused their death.
If they are found partially at fault, your recovery will be reduced by that same percentage. For example, if your loved one was determined to be 20% responsible for the incident, your total compensation would be reduced by 20%.
Insurance companies often use comparative fault as a way to try and minimize/deny payouts, even when the evidence doesn’t support their claim. Our wrongful death attorneys know how to counter these tactics with evidence and persuasive argumentation.
What Is Negligence, and How Do I Prove It in a Texas Wrongful Death Case?
Most wrongful death cases in Texas are based on negligence, which means that someone failed to act with reasonable care and caused another person’s passing as a result.
To prove negligence, you must establish four key legal elements:
- Duty of care: You must show that the defendant owed your loved one a legal duty to act safely or responsibly. For example, drivers have a duty to follow traffic laws and avoid dangerous behavior like drunk or distracted driving.
- Breach of duty: You must prove that the defendant failed to meet that duty, such as by speeding, ignoring safety rules, or providing unsafe products.
- Causation: It must be clear that the defendant’s actions or inaction directly caused your loved one’s fatal injuries.
- Damages: Finally, you must show that your family suffered measurable losses as a result.
Each of these elements must be proven on a “by a preponderance of the evidence” basis, which is about a 51% or higher likelihood.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
Texas law generally gives surviving family members two years from the date of death to file a wrongful death lawsuit. However, there are exceptions. For instance, if the defendant leaves the state or if the case involves a government entity, the filing deadline may differ.
As critical evidence can be lost over time, it’s always best to contact a lawyer as soon as possible. Our attorneys can identify the correct filing deadline and ensure your claim is filed on time to preserve your right to compensation.
Schedule a Free Consultation With Our Texas Wrongful Death Attorneys
If you’ve lost a loved one in an accident caused by someone else’s negligence, you may be able to file a wrongful death claim for compensation. Anderson Injury Lawyers has the experience, resources, and compassion to help your family through this difficult time.
Our Texas wrongful death attorneys have recovered over $100 million for clients statewide, and we’ll fight tirelessly to help you secure the monetary damages and justice your family deserves.
Call us today to schedule a free consultation.