How to Prove a Wrongful Death Case in Texas: A Step-by-Step Guide
📅 Published by Schiffer Law Firm | Wrongful Death Lawyers | Updated for 2025
Table of Contents
1️⃣ What is a Wrongful Death Case?
2️⃣ Who Can File a Wrongful Death Lawsuit in Texas?
3️⃣ The Four Key Elements of a Wrongful Death Case
4️⃣ What Evidence is Needed to Win a Wrongful Death Lawsuit?
5️⃣ How Long Do Wrongful Death Cases Take?
6️⃣ How Much is a Wrongful Death Case Worth?
7️⃣ Should You Settle or Go to Trial for a Wrongful Death Claim?
8️⃣ Get a Free Wrongful Death Case Review
What is a Wrongful Death Case?
A wrongful death lawsuit is a legal claim filed by family members when a loved one dies due to someone else’s negligence or misconduct. Under Texas Civil Practice & Remedies Code § 71.002, surviving family members can seek compensation for financial losses, emotional suffering, and punitive damages.
📌 Examples of Wrongful Death Cases in Texas:
✔ Truck and 18-wheeler crashes caused by reckless driving or poor maintenance.
✔ Medical malpractice resulting in fatal surgical errors or misdiagnoses.
✔ Workplace and construction site accidents due to safety violations.
✔ Drunk or distracted driving collisions leading to preventable fatalities.
✔ Defective products and drug-related deaths caused by corporate negligence.
➡️ If your loved one’s death was preventable, you may have a wrongful death claim.
Who Can File a Wrongful Death Lawsuit in Texas?
According to Texas Civil Practice & Remedies Code § 71.004, only specific family members can file a wrongful death claim:
✔ Spouses (including common-law spouses)
✔ Children (biological or legally adopted)
✔ Parents (including adoptive parents)
If no immediate family member files a claim within three months, the executor of the deceased’s estate may file on behalf of the beneficiaries.
📌 Who Cannot File?
❌ Siblings, grandparents, and other relatives typically cannot file a wrongful death lawsuit in Texas.
The Four Key Elements of a Wrongful Death Case
To win a wrongful death lawsuit, you must prove four essential legal elements:
1️⃣ Duty of Care
The defendant owed the victim a legal duty of care.
✅ Example: A doctor has a duty to provide proper medical care.
✅ Example: A trucking company must follow safety regulations to protect drivers.
2️⃣ Breach of Duty
The defendant failed to uphold their legal responsibility.
✅ Example: A hospital misdiagnoses a serious illness, leading to a preventable death.
✅ Example: A construction company ignores OSHA safety rules, causing a worker’s fatal injury.
3️⃣ Causation
The defendant’s negligence directly caused the death.
✅ Example: A drunk driver ran a red light, killing another driver.
4️⃣ Damages
The victim’s family suffered financial and emotional losses due to the wrongful death.
➡️ Proving these four elements requires strong evidence and legal expertise.
What Evidence is Needed to Win a Wrongful Death Lawsuit?
Strong evidence is crucial for a successful wrongful death claim. This includes:
✔ Police reports and accident reconstruction data
✔ Medical records and expert testimony
✔ Eyewitness statements and surveillance footage
✔ Employment records (for lost wages claims)
✔ Financial documentation of economic losses
How Long Do Wrongful Death Cases Take?
On average, wrongful death cases take 12-24 months to resolve. Settlements are faster, while trials take longer. Factors that impact case length include:
✔ Strength of evidence
✔ Insurance company tactics
✔ Court availability and legal complexities
How Much is a Wrongful Death Case Worth?
Wrongful death settlements in Texas range from $500,000 to $10+ million, depending on:
✔ Economic losses (lost wages, medical bills, funeral costs)
✔ Emotional distress and pain & suffering
✔ Punitive damages for extreme negligence
Should You Settle or Go to Trial for a Wrongful Death Claim?
Most wrongful death claims settle out of court, but trial may be necessary for full justice. A wrongful death attorney can negotiate maximum compensation and take the case to trial if needed.
Get a Free Wrongful Death Case Review
At Schiffer Law Firm, we fight for justice and financial security for families affected by wrongful death. No fees unless we win.
📞 Call (713)-521-0059 for a FREE consultation today.
