Wrongful Death Lawyer in Texas

While no lawsuit can bring back a loved one, it may provide a path for financial recovery and a sense of closure. Wrongful death claims differ from other civil matters because they focus on the harm families suffer when a preventable death occurs due to someone's actions or failures to act. 

Located in Waco, Texas, Pakis, Giotes, Burleson & Deaconson, P.C., assists families who’ve lost loved ones and are considering filing a wrongful death claim. Our attorneys consistently provide excellent legal service across multiple legal disciplines in Central Texas.

Let's explore wrongful death claims, including eligibility to file, what damages can be sought, and how we can guide you through every stage of the process.

Wrongful Death Cases in Texas

Texas law allows specific family members to pursue a wrongful death case if their loved one dies because of someone's wrongful act, neglect, or carelessness. This could result from a car accident, worksite incident, defective product, or a medical situation where the standard of care fell short.

Wrongful death claims fall under the civil justice category. A criminal case might occur at the same time if authorities decide the facts warrant charges, yet a wrongful death claim operates on a different standard of proof. Plaintiffs must show by a preponderance of the evidence, meaning it’s likely that the defendant’s acts caused the person’s death.

Who Can File a Wrongful Death Case?

Texas allows the spouse, children, and parents of the deceased to file a wrongful death claim. Siblings, cousins, or more distant relatives have no standing under Texas law. If no eligible individual files within three months of the death, the personal representative of the estate can initiate a lawsuit unless the surviving family requests otherwise.

This rule is designed to keep the process straightforward, focusing on those who relied on or shared a life with the deceased. If there’s any confusion about standing, families can review official documents—like birth or marriage certificates—to confirm their legal relationship. Each person’s stake in the claim can differ.

Statute of Limitations in Wrongful Death Cases

Texas imposes a time limit, known as the statute of limitations, on filing a wrongful death case. Usually, claimants have two years from the date of death to begin a lawsuit. Failing to act before the deadline typically means losing the right to seek damages through legal means.

However, certain factors might toll or extend this timeline. For instance, if the person eligible to file is under 18, the clock may only start ticking once they reach adulthood. Also, if the defendant fled the state or concealed information, the court might allow extra time as compensation.

Damages in Wrongful Death Claims

Wrongful death claims revolve around the economic and emotional losses faced by survivors. Families can pursue damages for intangible suffering and the deceased’s financial contributions. These losses often include:

• Lost earning capacity: This reflects what the deceased would’ve provided to the family had they been alive.

• Lost benefits and inheritance: Health insurance, retirement funds, or other perks tied to employment might be considered if the deceased would’ve provided them.

• Emotional pain and suffering: Surviving spouses, children, and parents can request compensation for mental anguish, grief, and loss of companionship.

• Lost household services: Cooking, cleaning, child care, and other tasks performed by the deceased can be measured in monetary terms.

• Medical and funeral expenses: If the family paid the final medical bills or funeral costs, those might become part of the claim.

Many personal injury cases involve measuring intangible harm, and wrongful death is no exception. Courts or juries evaluate how the loss of a loved one has impacted survivors. Demonstrating emotional impact often requires testimony from family and friends, mental health professionals, or others who can explain how relationships changed after the death.

Factors That Influence the Value of a Claim

People sometimes ask how much they can claim in a wrongful death case. The answer depends on the specifics of the person’s life, career, health, age, and relationships, as well as the circumstances of the incident. Certain influences can raise or lower the value of a claim. These include:

• Age and earning potential of the deceased: A younger person with many working years ahead may generate a higher claim for lost wages than someone close to retirement.

• Number of dependents: A spouse or children who relied heavily on the deceased’s financial support might have a more substantial claim.

• Contributory negligence: If the deceased is found partially responsible for the incident, that can lower the family’s potential recovery. Texas follows a modified comparative fault standard, which may reduce the awarded amount if the decedent’s share of fault is less than 50%.

• Insurance policy limits: If the at-fault party has limited insurance coverage, the claim may be constrained by those policy limits unless there are other sources of payment.

Because wrongful death is a branch of personal injury law, a meticulous investigation is often necessary to capture economic and non-economic losses. That includes gathering evidence such as pay stubs, tax returns, medical records, and evidence clarifying how the individual supported their loved ones.

Building a Wrongful Death Case

Like other personal injury cases, proving wrongful death requires showing duty, breach, causation, and damages. The plaintiff must prove that the defendant had a duty to act safely (or refrain from negligent actions), that the defendant breached that duty, and that this breach caused the death.

They must also connect the death to the damages the survivors have experienced, like financial losses or emotional distress.

Evidence could mean interviewing eyewitnesses, analyzing accident reports, consulting medical professionals, or reviewing technical data like product engineering documents. For instance, if a manufacturing defect is involved, records from the design phase or quality control logs might be critical.

These pieces, when put together, can form a story that shows how the defendant’s misconduct led to the loss of life. A well-supported case can bring families closer to receiving a measure of financial relief to address the challenges of losing someone unexpectedly.

How We Can Help With Wrongful Death Claims

Wrongful death claims require attention to detail, from filing the initial paperwork to negotiating with insurance representatives and possibly preparing for trial. Pakis, Giotes, Burleson & Deaconson, P.C. can play a significant role by:

• Investigating the event: Locating proof of liability is critical. We know how to gather records, speak with witnesses, and bring in accident reconstruction specialists.

• Valuing damages accurately: Having an accurate figure for medical costs, funeral expenses, lost wages, and non-economic harm is key. Sometimes, families underestimate the total impact, leading to insufficient settlements.

• Managing legal deadlines: Texas’s two-year statute of limitations demands timeliness. Our attorneys can keep track of key dates, ensuring you don’t lose your chance to file.

• Negotiating with insurance companies: Insurance adjusters might try to downplay or deny claims. Our familiarity with personal injury cases allows us to handle discussions that aim for fair settlements.

• Representing families in court: If a settlement isn’t possible, wrongful death cases may proceed to trial. We gather evidence, question witnesses, and present a cohesive argument supporting your position.

When deciding how to proceed with a wrongful death claim, many families appreciate having someone address the legal aspects while they cope with their loss. Seeking professional guidance doesn’t promise a specific outcome but can certainly keep you informed about your options.

Potential Challenges in Wrongful Death Lawsuits

Wrongful death cases can involve disputes over whether the defendant acted negligently or whether another cause led to the fatal outcome. Some defendants may claim that the decedent’s own actions contributed to the incident or that unexpected circumstances made the tragedy unavoidable. Other cases might involve multiple parties, leading to questions of who bears the primary responsibility.

If a previous lawsuit in the same county addressed a similar incident, that doesn’t necessarily predict the result, but it might offer helpful perspectives. Being prepared for various possibilities can reduce surprises and help families approach their claims with greater clarity.