The Importance of Seeking Legal Advice After a Wrongful Death in Texas

The death of a loved one is always a devastating event. But when that death occurs due to someone else’s negligence, recklessness, or intentional act, the grief is often compounded by confusion, anger, and a deep desire for justice. In Texas, the law allows surviving family members to pursue a wrongful death claim to hold responsible parties accountable and recover compensation for their profound loss.

However, wrongful death claims are complex, both legally and emotionally. That’s why seeking legal advice as soon as possible is crucial. An experienced wrongful death attorney in Texas can provide guidance, support, and advocacy during one of the most difficult times in a person's life.

What Is a Wrongful Death Claim?

Under Texas Civil Practice and Remedies Code Chapter 71, a wrongful death occurs when a person dies due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another. These claims are civil, not criminal, and are meant to provide financial compensation to the deceased’s survivors.

Wrongful death can stem from many types of incidents, including:

• Motor vehicle accidents

• Commercial truck or 18-wheeler collisions

• Medical malpractice

• Workplace accidents

• Defective products

• Dangerous premises

• Criminal acts, such as assault or homicide

Who Can File a Wrongful Death Claim in Texas?

Texas law allows certain surviving family members to bring a wrongful death claim:

• Spouse (including legally married and common-law spouses)

• Children (including adult children)

• Parents of the deceased

These individuals can file a claim individually or jointly. If none of the eligible family members files within three months of the death, the executor or administrator of the estate may file the claim—unless a family member specifically requests otherwise.

Why Legal Advice Is Essential After a Wrongful Death

Wrongful death cases involve unique challenges and high stakes. Without proper legal representation, families may struggle to understand their rights, properly value their claim, or meet critical deadlines. Here are the main reasons why seeking legal advice is so important in these cases:

1. Understanding Texas Wrongful Death Law

Texas has its own set of laws and legal procedures governing wrongful death. These rules determine who can sue, what damages are available, and how long a family has to bring a claim. Navigating these laws without legal training is incredibly difficult—especially while dealing with the emotional trauma of losing a loved one.

A knowledgeable wrongful death attorney can:

• Explain your rights and options

• Identify all potentially liable parties

• Ensure compliance with the two-year statute of limitations

• Determine whether a survival action (on behalf of the deceased’s estate) is also appropriate

2. Identifying and Proving Liability

To succeed in a wrongful death claim, you must prove that the defendant’s negligence or misconduct directly caused your loved one’s death. In some cases, liability is straightforward—such as a drunk driving crash. But in many situations, proving fault is far more complicated.

An experienced attorney will:

• Investigate the accident thoroughly

• Collect critical evidence (surveillance footage, accident reports, witness statements)

• Consult with expert witnesses (medical professionals, accident reconstructionists)

• Build a strong case to establish fault and causation

This kind of detailed investigation is something most families cannot realistically do on their own while grieving.

3. Dealing With Insurance Companies and Opposing Lawyers

In most wrongful death cases, the liable party’s insurance company plays a major role. Unfortunately, insurers are not looking out for your best interests—they are focused on minimizing payouts. They may deny liability, delay the claim, or offer a low settlement in hopes the family will accept out of desperation.

A wrongful death attorney knows how to:

• Communicate and negotiate effectively with insurance companies

• Recognize and counter unfair tactics

• Present a well-documented claim to demand full and fair compensation

Legal representation gives families the leverage needed to negotiate from a position of strength.

4. Calculating the Full Value of the Claim

Wrongful death damages in Texas can include both economic and non-economic losses:

Economic damages:

• Lost income and future earning capacity

• Funeral and burial expenses

• Loss of benefits (like health insurance or retirement plans)

Non-economic damages:

• Pain and suffering

• Loss of companionship and consortium

• Emotional distress

• Loss of household services

Some cases may also qualify for exemplary (punitive) damages if the death was caused by gross negligence or a willful act.

An experienced attorney will work with financial and vocational experts to fully value your claim and ensure you receive compensation that reflects the magnitude of your loss.

5. Handling Survival Actions Alongside Wrongful Death Claims

Texas law allows the estate of the deceased to bring a survival action, which is separate from the wrongful death claim. A survival action seeks compensation for the pain and suffering, medical bills, and other damages the deceased experienced before death.

Your attorney will determine whether a survival claim is appropriate and ensure that both types of claims are properly filed and pursued. Coordinating these claims is complex and should not be attempted without legal guidance.

6. Providing Emotional Support and Objectivity

Grief can cloud judgment, making it difficult for surviving family members to make clear decisions during legal proceedings. A compassionate attorney not only handles the legal burdens but also serves as a stabilizing force during a chaotic time. They can offer emotional support, prevent mistakes caused by haste or inexperience, and focus on protecting your family’s long-term future.

7. Ensuring Justice and Accountability

Many families pursue wrongful death claims not only for compensation but also to seek justice. Holding the responsible party accountable sends a message that negligence or misconduct has consequences. Legal action can also prompt businesses, healthcare providers, or employers to change dangerous policies or prevent future tragedies.

Time Is Critical

In Texas, you generally have two years from the date of death to file a wrongful death lawsuit. However, the sooner you contact a lawyer, the better. Evidence can deteriorate or disappear over time. Witnesses may forget details. Early legal intervention improves the chances of preserving vital information and building a compelling case.

Conclusion

The loss of a loved one due to negligence is one of the most traumatic experiences a family can endure. In Texas, wrongful death laws provide a legal path to seek justice and recover compensation—but the process is complex, emotional, and filled with challenges.

Seeking legal advice as early as possible is the best way to protect your rights, honor your loved one’s memory, and ensure your family’s financial future. A dedicated wrongful death attorney will stand by your side, handle the legal burdens, and fight for the justice and closure you deserve.

If you’ve lost someone due to the carelessness or wrongdoing of another person in Texas, don’t face this alone. Reach out to Hazen Law Firm for a free consultation and to ensure that justice for your lost loved one is served.