Wrongful Death Suit in Texas After Car Accident

Wrongful Death Suit in Texas After Car Accident

Have you lost a loved one due to the reckless or negligent actions of another driver? If so, you may benefit from speaking with a wrongful death attorney such as Beverly R. Caruthers. She can work with you to explore the details of your case to determine if you have a case for a wrongful death claim in Texas.

We understand no amount of money can bring back a loved one, however you can get compensation to help you with the funeral and burial costs, medical bills leading up to the death, your pain and suffering, loss of companionship, and more.

Do not take legal action alone, instead reach out to our law firm to learn more about working with a wrongful death lawyer.

What Is “Wrongful Death” in Texas?

In Texas, a “wrongful death” happens when:

  • an injury causes a person’s death or a fetus’s failure to be born alive
  • the injury is caused by another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default,” and
  • the injured person would have been entitled to file a personal injury lawsuit had they lived or been born alive.

As with personal injury claims in general, many types of events can be the basis for a wrongful death lawsuit, including:

  • negligence-based incidents (such as car accidents, defective products, and dangerous premises)
  • medical malpractice, or
  • intentional acts (including crimes).

Who Can File a Wrongful Death Lawsuit in Texas?

Under Texas law, the deceased person’s surviving spouse, children, and parents—or one or more of those individuals on behalf of them all—are eligible to file a wrongful death lawsuit.

If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the personal representative (sometimes called the “executor”) or administrator of the deceased person’s estate must file the claim instead, unless all of the surviving family members listed above specifically request that the wrongful death lawsuit not be filed.

What Types of Damages Are Available in a Texas Wrongful Death Case?

In a successful Texas wrongful death case, damages are awarded to the deceased person’s surviving spouse, children, and parents for their losses stemming from the death. Damages in a Texas wrongful death case can compensate for a range of injuries the survivors might experience, including:

  • lost income or other financial support
  • the value of lost household services the deceased would have provided
  • mental pain and anguish experienced by the survivors
  • lost love, companionship, comfort, and society, and
  • the value of any lost savings or inheritance.

In addition, exemplary damages (sometimes called “punitive damages”) can be awarded in a Texas wrongful death case, but only if the death resulted from a “willful act or omission or gross negligence.” Exemplary damages aren’t intended to compensate the family for losses associated with the death, but to punish the wrongdoer and deter others from engaging in similar conduct.

What Is the Time Limit for Filing a Texas Wrongful Death Lawsuit?

There’s a time deadline for filing all personal injury cases in court, including wrongful death lawsuits. This deadline is called the “statute of limitations.” In Texas, the wrongful death statute of limitations is two years from the date of the person’s death.

What does this mean? If you want to pursue a Texas wrongful death lawsuit, you must file it in court within the two-year time limit. If you try to file suit after the statute of limitations expires, the court probably will have no choice but to dismiss your case.

Spanish Speaking Car Accident Lawyer in Houston, Texas

Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.

Personal Injury Lawyer in Houston, Texas

If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!


Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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