What Makes A Death “Wrongful?”

Last Updated on June 27, 2025 by Beltz Law Group

Understanding Wrongful Death Claims in Texas: When a Life is Lost Due to Negligence

Beltz Law Group: 214-321-4105

The loss of a loved one is an unimaginable tragedy, and the pain can be compounded when that death is caused by the careless, reckless, or intentional actions of another person or entity. In Texas personal injury law, such a devastating event may give rise to a wrongful death claim. While no amount of compensation can truly replace a life, a wrongful death lawsuit aims to provide financial relief and a sense of justice for surviving family members.

Understanding what makes a death “wrongful” under Texas law is crucial. It’s not every accidental death, but rather those that meet specific legal criteria, typically rooted in negligence or a wrongful act.

What Constitutes “Wrongful Death” in Texas?

In Texas, a wrongful death occurs when a person’s death is caused by another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default.” (Texas Civil Practice & Remedies Code § 71.002). Essentially, if the deceased person would have had a valid personal injury claim had they survived their injuries, their surviving family members may have a wrongful death claim.

The Four Essential Elements of a Texas Wrongful Death Claim

To succeed in a wrongful death lawsuit in Texas, the plaintiff (the person or family filing the lawsuit) must prove four key elements by a “preponderance of the evidence” – meaning it’s more likely than not that these elements are true. These elements mirror those of a standard personal injury claim:

1. Duty of Care: The defendant owed a legal duty to the deceased to act with reasonable care to prevent harm. Examples include:
   • Drivers having a duty to obey traffic laws and operate their vehicles safely.
   • Doctors and healthcare providers having a duty to provide medical care that meets accepted standards.
   • Property owners having a duty to maintain safe premises for visitors.
   • Manufacturers having a duty to produce safe products.
2. Breach of Duty: The defendant failed to uphold their duty of care. This “breach” can be an action they took or an action they failed to take. Examples include:
   • A driver texting while driving and causing a collision.
   • A doctor misdiagnosing a critical illness or making a surgical error.
   • A property owner failing to fix a known hazard that leads to a fatal fall.
   • A manufacturer releasing a product with a dangerous defect.
3. 

   Wrongful Death Lawyer

   Causation: The defendant’s breach of duty directly caused the death of the loved one. There are two aspects to causation:

   • Cause in Fact (“But For” Causation): The death would not have occurred but for the defendant’s negligent actions.
   • Proximate Cause (Foreseeability): The death was a foreseeable consequence of the defendant’s breach of duty. Expert testimony, such as accident reconstructionists or medical experts, is often crucial in establishing causation.
4. Damages: The death resulted in quantifiable losses to the surviving family members. These damages can be economic (financial) and non-economic (non-financial).

Common Causes of Wrongful Death in Texas

Wrongful death claims arise from a variety of circumstances where negligence or wrongful acts lead to a fatality. Some of the most common causes include:

• Motor Vehicle Accidents: Car, commercial truck (18-wheeler), motorcycle, bicycle, and pedestrian accidents often caused by distracted driving, drunk driving, speeding, or reckless behavior.
• Medical Malpractice: Fatal errors by healthcare professionals, such as misdiagnosis, delayed diagnosis, surgical errors, medication errors, or birth injuries.
• Workplace Accidents: Deaths occurring due to unsafe working conditions, equipment malfunction, exposure to hazardous substances, or inadequate safety protocols (e.g., in construction, oil and gas, manufacturing).
• Defective Products: Fatal injuries caused by dangerous or faulty products, from vehicle components to household appliances, due to design flaws, manufacturing errors, or insufficient warnings.
• Premises Liability: Deaths resulting from unsafe property conditions, such as slip-and-falls, swimming pool drownings, or fires caused by neglected maintenance or code violations.
• Criminal Acts: While criminal charges are separate, a civil wrongful death claim can be filed against a perpetrator whose violent or intentional act (e.g., assault, homicide, drunk driving) leads to a death.
• Nursing Home Abuse or Neglect: Fatalities stemming from a nursing home’s failure to provide adequate care, leading to bedsores, malnutrition, dehydration, or other preventable conditions.

Who Can File a Wrongful Death Claim in Texas?

Texas law is specific about who can file a wrongful death lawsuit:

• Surviving Spouse
• Surviving Children (including legally adopted children, whether adults or minors)
• Surviving Parents (including legally adoptive parents)

These individuals can file the claim individually or jointly. If none of these eligible family members file a lawsuit within three months of the death, the executor or administrator of the deceased person’s estate may file the claim on their behalf, unless a family member specifically requests that no such action be taken. Siblings, grandparents, and other relatives typically cannot file a wrongful death claim in Texas.

Damages Recoverable in a Texas Wrongful Death Claim

Wrongful death damages are intended to compensate the surviving family members for their losses, not the losses of the deceased. These can include:

Economic Damages:

• Lost earning capacity and future income the deceased would have provided.
• Lost inheritance (the value of assets the deceased would have accumulated and passed on).
• Lost care, maintenance, support, services, and contributions the deceased would have provided to the household.
• Medical expenses incurred by the deceased related to the fatal injury or illness (often recoverable through a “survival action,” discussed below).
• Funeral and burial expenses.

Non-Economic Damages:

• Mental anguish, emotional pain, and suffering experienced by surviving family members.
• Loss of companionship and society (the loss of love, comfort, and camaraderie).
• Loss of consortium (for spouses, loss of marital benefits, including affection and intimacy).
• Loss of parental guidance, counsel, and nurturing (for children).

Exemplary (Punitive) Damages: In cases involving gross negligence or willful misconduct, Texas courts may award exemplary damages. These are not intended to compensate the family but rather to punish the wrongdoer and deter similar egregious conduct in the future. Proving gross negligence requires “clear and convincing evidence,” a higher standard of proof.

Understanding Survival Actions in Texas

It’s important to distinguish a wrongful death claim from a survival action (Texas Civil Practice & Remedies Code § 71.021). While a wrongful death claim compensates the surviving family members for their losses, a survival action allows the deceased person’s estate to recover damages that the deceased would have been able to claim had they lived.

A survival action can seek compensation for:

• The deceased’s conscious pain and suffering from the time of injury until death.
• Medical expenses incurred from the injury until death.
• Lost wages for the period between injury and death.
• Property damage incurred by the deceased.

Funds recovered in a survival action are distributed according to the deceased’s will or Texas’s laws of intestate succession (if there’s no will), whereas wrongful death damages go directly to the eligible family members. In many serious accident cases, both a wrongful death claim and a survival action may be pursued simultaneously.

The Statute of Limitations

In Texas, a wrongful death lawsuit generally must be filed within two years from the date of the loved one’s death. There can be very limited exceptions, but acting quickly is always advisable to avoid missing this critical deadline.

Proving Your Wrongful Death Claim: The Role of a Skilled Attorney

Wrongful death cases are among the most challenging and emotionally taxing areas of personal injury law. They require:

• Thorough Investigation: Collecting extensive evidence, including accident reports, medical records, autopsy results, witness statements, and expert analysis (e.g., accident reconstructionists, medical specialists).
• Expert Knowledge: Understanding complex legal principles, federal and state regulations (especially in trucking or medical malpractice cases), and the nuances of proving negligence and damages.
• Strong Negotiation Skills: Dealing with aggressive insurance companies and defendants who will often try to minimize their liability.

A skilled wrongful death attorney can be an invaluable advocate, handling the legal complexities while you focus on grieving and healing. They can work to secure and preserve crucial evidence, build a compelling case, and fight to ensure your family receives the full and fair compensation you deserve.

If you have lost a loved one due to someone else’s negligence or wrongful act, you don’t have to face this difficult journey alone. Contact the Beltz Law Group for a compassionate and free consultation. We have a team of experienced wrongful death attorneys ready to help you understand your rights and pursue justice. Call us today at 214-321-4105.