Question 1

What is a wrongful death lawsuit?

Accepted Answer

A wrongful death lawsuit is a legal claim brought by the family or estate of a deceased person against the party responsible for their death. It seeks compensation for losses resulting from the death, such as financial support, medical expenses, and emotional suffering.

Question 2

Who can file a wrongful death lawsuit in Texas?

Accepted Answer

In Texas, a wrongful death lawsuit can be filed by the deceased’s surviving spouse, children (biological or adopted), or parents. Siblings and grandparents generally cannot file this type of claim.

Question 3

What damages can be recovered in a wrongful death lawsuit?

Accepted Answer

Damages may include lost earning capacity, funeral and burial expenses, medical bills, loss of companionship, mental anguish, and punitive damages in cases of egregious misconduct.

Question 4

How long do I have to file a wrongful death lawsuit in Texas?

Accepted Answer

Under Texas law, wrongful death lawsuits must be filed within two years of the victim’s death. Exceptions may apply, such as cases involving concealed wrongdoing.

Question 5

Can multiple parties be held responsible for a wrongful death?

Accepted Answer

Yes, multiple parties can share liability in a wrongful death lawsuit. For example, in a commercial truck accident, both the driver and the trucking company may be held accountable.

Question 6

How is liability determined in a wrongful death lawsuit?

Accepted Answer

Liability is determined by proving that the at-fault party owed a duty of care to the deceased, breached that duty, and caused the death as a direct result of their actions or negligence.

Question 7

What is the difference between wrongful death and survival claims?

Accepted Answer

A wrongful death claim compensates the family for their losses, while a survival claim allows the estate to recover damages the deceased could have pursued if they had survived, such as pain and suffering.

Question 8

What is the role of insurance companies in wrongful death cases?

Accepted Answer

Insurance companies often pay damages in wrongful death cases. However, if damages exceed policy limits, the at-fault party may need to cover the difference.

Question 9

Will my wrongful death case go to trial?

Accepted Answer

Most wrongful death cases are settled out of court. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to trial.

Question 10

How much does it cost to hire a wrongful death attorney?

Accepted Answer

Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of the settlement or judgment.

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