WRONGFUL DEATH FAQ

Tragically, wrongful deaths happen every day. When you lose a loved one to the negligence of another, there can be a devastating impact on your mental health and your finances from unpaid medical and funeral expenses. In these cases, Texas law allows you to recover compensation against the wrongful parties in the form of a wrongful death lawsuit. Part of personal injury law, wrongful death claims allow certain family members to recover compensation when the death of a loved one was the fault of another. However, it’s not always clear whether a case qualifies for a wrongful death claim – to find out whether you are eligible, contact the experienced legal team at the Law Offices of Colby Lewis.

  • What is wrongful death?

    Texas law defines wrongful death as the “wrongful act, neglect, carelessness, unskillfulness or default” that causes the death of another person. A wrongful death action is a type of personal injury claim that is brought in civil court by certain family members of the deceased.

  • Who can file a wrongful death claim?

    Not all relatives are entitled to filing a wrongful death claim. You may be eligible to file if you are one of the following:

    • The surviving spouse
    • Surviving minor or adult child
    • Parents of the deceased
    • Legally adopted child
    • Surviving adoptive parents
    • The personal representative of the estate of the decedent

    If you are not one of the above parties, you are ineligible to file a wrongful death claim in Texas.

  • What is the average settlement for wrongful death in Texas?

    There is no average settlement amount for wrongful death claims. The amount of recovery depends on a myriad of factors that are unique to your case. To get an evaluation of your potential payout, consult with an experienced Texas personal injury lawyer.

  • What damages are recoverable for wrongful death in Texas?

    Certain family members can recover compensation for a wrongful death action in Texas. These damages vary and can include:

    • Loss of earning capacity
    • Lost counsel
    • Loss of support
    • Mental and emotional anguish
    • Lost inheritance
    • Other damages

    Not every wrongful death case will be entitled to every type of damages. To find out what your claim is worth, contact a knowledgeable Texas wrongful death lawyer.

  • In Texas, what is the burden of proof for a wrongful death claim?

    As opposed to proof beyond a reasonable doubt, Texas wrongful death claims only require a preponderance of the evidence. This means that the defendant must be found to be 51% or more liable for the death in order for the plaintiff’s family to recover compensation. Preponderance of the evidence is a lower standard of proof – and thus easier to prove – than proof beyond a reasonable doubt.

  • What are the exceptions to the statute of limitations for wrongful death in Texas?

    Typically, claimants only have two years from the date of the incident to file personal injury claims. This is also true with wrongful death claims except for when the following are factors:

    The decedent was a minor child
    The negligence of the defendants was unknown in the two-year period
    A mental or physical impairment prevented the plaintiffs from filing in time
    Fraud
    If you have missed the two year window to file for one of the above reasons, you still have time to contact a wrongful death attorney and have your case evaluated for damages.

  • Texas wrongful death lawyer Colby Lewis can help you get justice for your loved one

    When you’ve lost a loved one, the grief, pain and financial burden can be overwhelming. At the Law Offices of Colby Lewis, we understand that this is a difficult time for your family and pride ourselves on offering competent and compassionate representation of victim’s families. If you want to know more about filing a wrongful death claim, don’t wait – contact the legal team at the Law Offices of Colby Lewis today.