Questions About Wrongful Death

A wrongful death claim is a legal claim brought when a person dies because of another person’s or company’s wrongful act, neglect, carelessness, unskillfulness, or default. These cases may involve car accidents, truck accidents, workplace accidents, refinery explosions, unsafe property, defective products, or other serious incidents.

In Texas, a wrongful death claim is generally for the benefit of the surviving spouse, children, and parents of the deceased person. One or more of those family members may bring the claim for the benefit of all eligible beneficiaries.

Yes. A surviving spouse may bring a wrongful death claim after the death of a husband or wife caused by another person’s or company’s negligence.

Yes. Surviving children may be able to bring a wrongful death claim after the loss of a parent. This can include adult children and minor children.

Yes. Surviving parents may be able to bring a wrongful death claim after the loss of a child. These cases can involve both minor children and adult children.

Generally, siblings are not included among the family members who can bring a Texas wrongful death claim. Texas wrongful death claims are generally for the surviving spouse, children, and parents.

Generally, grandparents are not included among the family members who can bring a Texas wrongful death claim unless they also have another legally recognized role, such as a parent through adoption. Every family situation should be reviewed carefully.

A wrongful death claim is different from a survival claim. In some situations, if eligible family members do not file within a certain time, a personal representative of the estate may be able to file a wrongful death claim for the benefit of eligible family members.

A survival claim is a claim that belongs to the deceased person’s estate. It may seek damages the injured person could have claimed if they had survived, such as medical expenses, pain, or other losses suffered before death.

A wrongful death claim focuses on the losses suffered by surviving family members. A survival claim focuses on the losses suffered by the deceased person before death and belongs to the estate.

Yes, depending on the facts. Families often bring both claims when a person was injured, survived for some period of time, and later died because of those injuries.

Many Texas wrongful death lawsuits must be filed within two years from the date of death. Some cases may involve shorter deadlines or special notice rules, so families should speak with an attorney as soon as possible.

For many Texas wrongful death cases, the deadline starts on the date of death. This may be different from the date of the accident if the person survived for some time before passing away.

If the deadline passes, the family may lose the right to file a lawsuit. Even a strong case can be dismissed if it is filed too late.

Evidence can disappear quickly. Vehicles may be repaired, job sites may change, videos may be overwritten, equipment may be replaced, and witnesses may become harder to find. Early legal help can protect important evidence.

Wrongful death claims may involve car accidents, 18-wheeler crashes, motorcycle accidents, pedestrian accidents, workplace injuries, refinery accidents, plant explosions, electrocutions, falls, defective products, unsafe property, and medical-related incidents.

Yes. If a negligent driver caused a fatal crash, the surviving spouse, children, or parents may have a wrongful death claim under Texas law.

Yes. Fatal truck accident cases may involve the truck driver, trucking company, maintenance company, cargo company, broker, or another responsible party.

Yes, depending on the facts. Fatal workplace accidents may involve third-party claims, non-subscriber employer claims, gross negligence claims, defective equipment, contractors, subcontractors, or unsafe property conditions.

Yes. Fatal refinery accidents may involve explosions, fires, toxic exposure, chemical releases, equipment failures, unsafe maintenance, contractor negligence, or ignored safety rules.

Yes. If a defective vehicle, machine, tool, tire, medical device, safety product, or industrial product caused a death, a product liability claim may be possible.

Possibly. Fatal falls, drowning incidents, negligent security incidents, electrocutions, and other property-related dangers may support a wrongful death claim if the property owner or manager was negligent.

Damages may include loss of financial support, loss of companionship, loss of care, loss of advice, loss of services, mental anguish, loss of inheritance, funeral expenses in some cases, and other legally recoverable losses.

Possibly. Funeral and burial expenses may be recoverable depending on how the claim is brought and the facts of the case.

Yes, depending on the facts. If the deceased person provided income, benefits, household support, or financial help, those losses may be part of the wrongful death claim.

Possibly. Texas wrongful death damages may include the loss of love, comfort, companionship, society, and emotional support caused by the death of a loved one.

Possibly. Surviving family members may seek damages for the emotional pain and suffering caused by the loss of a loved one.

Yes, depending on the facts. Children may seek damages for the loss of parental care, guidance, support, companionship, and financial support.

Yes, depending on the facts. Parents may seek damages for the emotional and personal losses caused by the death of a child.

Yes. A surviving spouse may seek damages for loss of companionship, emotional support, household services, financial support, and other legally recognized losses.

Important evidence may include police reports, incident reports, photos, videos, medical records, death certificate, autopsy records, witness statements, employment records, income records, safety records, maintenance records, and insurance documents.

Yes, if one exists. A police report or incident report can help identify parties, witnesses, insurance information, and early details about what happened.

It can be. An autopsy may help explain the cause of death, especially when the facts are disputed or the insurance company questions whether the incident caused the death.

Do not accept that conclusion without investigation. Medical records, expert opinions, witness statements, accident reconstruction, and other evidence may be needed to prove causation.

A pre-existing condition does not automatically prevent a wrongful death claim. If the accident or injury caused, accelerated, or contributed to the death, the family may still have legal rights.

The family may still have a claim depending on the percentage of fault. Texas proportionate responsibility rules may reduce or prevent recovery depending on how fault is assigned.

That is common in serious accident cases. More than one person or company may share responsibility, including drivers, employers, contractors, property owners, manufacturers, or maintenance companies.

Companies and insurers may try to shift blame to the deceased person. A full investigation can look at safety rules, witness accounts, video footage, equipment records, company policies, and whether others contributed to the death.

Be careful. Insurance companies may ask for statements, medical authorizations, or quick settlements. Before giving a recorded statement or signing documents, it is wise to speak with an attorney.

Usually, families should be cautious. An early settlement may not reflect the full value of the loss, future financial support, mental anguish, or all responsible parties. Once a release is signed, the family may not be able to ask for more later.

The value depends on the facts, including the relationship between the deceased person and the beneficiaries, income, age, health, life expectancy, support provided, evidence of fault, available insurance, and the emotional and financial impact on the family.

It depends on the complexity of the case, number of responsible parties, available insurance, disputed facts, and whether the case settles or goes to trial. Serious wrongful death cases often require detailed investigation before value can be fully understood.

A wrongful death lawyer investigates what happened, identifies responsible parties, preserves evidence, communicates with insurance companies, calculates damages, files claims, negotiates settlement, and files a lawsuit when necessary.

Yes. A lawyer can communicate with insurance companies on the family’s behalf, help prevent harmful statements, review settlement offers, and protect the family from pressure during a difficult time.

The Law Office of Don McClure offers a free consultation. In many wrongful death and personal injury cases, there are no upfront attorney’s fees, and no attorney’s fees unless money is recovered for the family. The exact fee terms are explained in the written agreement.

A contingency fee means the attorney’s fee is based on the recovery in the case. Instead of paying attorney’s fees upfront, the fee is paid from the settlement or verdict if money is recovered.

In many contingency fee cases, there are no attorney’s fees unless money is recovered. The written fee agreement should explain attorney’s fees, case expenses, and how costs are handled.

Yes. The Law Office of Don McClure offers free consultations for families who have lost loved ones because of negligence. Families can ask questions about deadlines, insurance calls, legal rights, and next steps.

The Law Office of Don McClure serves families in Houston, Harris County, Greater Houston, and Southeast Texas, including Pasadena, Baytown, Deer Park, La Porte, Pearland, Friendswood, League City, Missouri City, Stafford, Katy, Tomball, Webster, and surrounding communities.

The Law Office of Don McClure helps families understand their rights after fatal accidents involving cars, trucks, workplaces, refineries, unsafe property, and other serious incidents. The firm offers free consultations and handles many wrongful death cases with no attorney’s fees unless money is recovered.