Wrongful Death After a Texas Car Accident: Your Legal Guide to Justice
Losing a loved one in a car crash is a devastating, life-altering experience. The emotional grief is often compounded by the financial burden of medical bills, funeral costs, and lost income. If your loss was caused by someone else's negligence, Texas law gives you the right to pursue justice through a wrongful death claim.
At Francis Injury, we help families across Texas hold negligent drivers accountable. This guide explains how wrongful death claims work in Texas, what steps to take, and how the right legal help can make all the difference.
💡 What Is a Wrongful Death Claim in Texas?
A wrongful death claim arises when a person dies due to the negligent, reckless, or intentional actions of another. In car accidents, this usually involves a driver violating traffic laws or failing to drive safely.
To win a wrongful death claim, you must prove:
- Negligence: The defendant breached their duty of care (e.g., speeding or texting while driving).
- Causation: That breach caused your loved one’s death.
- Damages: You and your family suffered financial and emotional harm.
👨👩👧 Who Can File a Wrongful Death Claim in Texas?
Under the Texas Civil Practice & Remedies Code, the following parties may file:
- Surviving spouse
- Children (biological or adopted)
- Parents of the deceased
If none of the eligible family members file within three months, the estate’s personal representative may file unless the family objects.
📅 What Is the Statute of Limitations?
In Texas, you typically have two years from the date of death to file a wrongful death claim. Missing this deadline can permanently bar your case. Don’t delay—contact a car accident attorney in Texas as soon as possible.
🧾 Key Evidence in a Wrongful Death Claim
- Police Reports: Establish fault and crash details.
- Medical Records: Show injury severity and treatment.
- Witness Statements: Help validate your version of events.
- Photos & Video: From the accident scene or vehicle damage.
- Financial Records: Demonstrate lost income and costs.
📞 Why Hire a Texas Wrongful Death Attorney?
Wrongful death claims are complex. A lawyer can help you:
- Determine eligibility and gather evidence
- Identify liable parties and insurance coverage
- Calculate full damages—both economic and emotional
- Negotiate with insurers or file a lawsuit if needed
The team at Francis Injury is here to fight for your family. We’ve helped hundreds of Texans get justice after fatal crashes.
💰 Types of Compensation in Wrongful Death Cases
Economic Damages
- Medical bills prior to death
- Funeral and burial expenses
- Loss of the deceased’s income and benefits
- Loss of household services
Non-Economic Damages
- Loss of companionship and emotional support
- Grief, mental anguish, and pain of surviving family
🤝 Negotiating With Insurance Companies
Insurance companies often offer low settlements. Don’t accept anything without legal review. A wrongful death attorney can present strong evidence and negotiate for maximum compensation. If talks break down, your lawyer can escalate to a lawsuit.
⚖️ Filing a Wrongful Death Lawsuit in Texas
- Complaint Filing: Your lawyer submits the case to court.
- Discovery: Both parties exchange evidence and testimony.
- Pretrial Motions: Legal requests that shape the trial.
- Trial: A judge or jury determines the outcome.
- Appeal: If either party challenges the verdict.
🧠 Emotional Support for Grieving Families
This process can be emotionally exhausting. Consider working with grief counselors, religious leaders, or support groups to help navigate the emotional toll. Your mental health is just as important as legal recovery.
In Texas, the surviving spouse, children (biological or adopted), or parents of the deceased may file. If they don’t, the estate's representative may do so after three months unless the family objects.
Texas allows two years from the date of the decedent’s death to file a wrongful death claim. Filing after that deadline may permanently bar the claim.
Damages may include medical expenses, funeral costs, loss of income, pain and suffering, and loss of companionship.
While it’s not legally required, having a lawyer is highly recommended. These claims involve complex evidence, negotiations, and legal standards.
You may be able to pursue compensation through your own uninsured/underinsured motorist coverage or file a lawsuit directly against the driver.
It varies. Many cases settle within 6–18 months, while others that go to trial may take longer depending on the complexity and court schedules.
Most wrongful death attorneys work on a contingency fee basis. That means you pay nothing upfront—they only get paid if they win or settle your case.
📍 Get Help From a Dallas Wrongful Death Lawyer
Francis Injury fights for families suffering from tragic, preventable losses. We’ll help you seek accountability, justice, and financial stability after the death of a loved one in a car crash.
Injured in a Fatal Crash? Get the Justice Your Family Deserves.
Let the team at Francis Injury fight for your future. We’ll handle the legal battle while you focus on healing.
📞 Call Now: 817-329-9001💬 Schedule Your Free Consultation
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Call 817-329-9001 today or contact us online to schedule a free consultation. Visit us at 640 Taylor St Suite 1200B, Fort Worth, TX 76102. We’re here for you.