Last Updated on July 17, 2025 by Beltz Law Group
Wrongful Death Attorney Texas
Losing a loved one, especially through violent means, is an unimaginable tragedy. Amidst the profound grief and confusion, understanding your legal options can feel overwhelming. In Texas, when a death occurs due to another person’s intentional or negligent actions, the surviving family members may have the right to pursue a wrongful death lawsuit. This article aims to clarify the distinction between criminal murder charges and civil wrongful death claims, particularly when the death is the result of a murder.
Understanding Murder: A Criminal Offense
Murder is a criminal act where one person unlawfully and intentionally causes the death of another. Because it is a crime, the state (through prosecutors) initiates legal proceedings against the accused. For a person to be convicted of murder, the prosecution must prove their guilt “beyond a reasonable doubt.” This is the highest legal standard of proof, meaning the jury or judge must be virtually certain that the defendant committed the crime with the intent to kill or cause serious bodily harm that resulted in death.
A conviction for murder in Texas carries severe penalties, including lengthy prison sentences, potentially life imprisonment, and in capital cases, the death penalty.
Understanding Wrongful Death: A Civil Claim
In contrast, a wrongful death claim is a civil lawsuit filed by the surviving family members or the estate of the deceased person. It arises when a person’s death is caused by the negligence, recklessness, or intentional act of another individual, company, or governmental entity.
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The primary goal of a wrongful death lawsuit is to obtain monetary compensation for the losses suffered by the surviving family members due to their loved one’s death. Unlike a criminal case, a wrongful death lawsuit does not seek to punish the at-fault party with jail time or criminal penalties. Instead, it seeks to provide financial relief for damages such as:
- Medical expenses incurred before death.
- Funeral and burial expenses.
- Loss of financial support the deceased would have provided.
- Loss of companionship, comfort, and society.
- Mental anguish and emotional suffering of the surviving family members.
- Loss of inheritance.
- Loss of services the deceased would have provided (e.g., childcare, household duties).
In a wrongful death claim, the burden of proof is “a preponderance of the evidence,” which is a lower standard than “beyond a reasonable doubt.” This means the plaintiffs (the family filing the lawsuit) must show that it is more likely than not (over 50% likelihood) that the defendant’s actions caused the death.
Distinguishing Murder (Criminal) from Wrongful Death (Civil)
While a murder can certainly lead to a wrongful death claim, it’s crucial to understand the different legal avenues:
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It’s important to note that a person can be found “not guilty” in a criminal murder trial due to the high burden of proof, yet still be found “liable” for wrongful death in a civil trial. A famous example is the O.J. Simpson case, where he was acquitted of murder but later found liable for wrongful death.
Filing a Wrongful Death Lawsuit Against a Convicted Murderer in Texas
Yes, you absolutely can file a wrongful death lawsuit against someone who has been criminally convicted of murder in Texas. In fact, a criminal conviction for murder can significantly strengthen a wrongful death claim. If a person has already been proven guilty of murder “beyond a reasonable doubt,” it often makes it much easier to satisfy the “preponderance of the evidence” standard in the civil wrongful death case.
The primary challenge in such cases is often the ability of the convicted murderer to pay the compensation. Individuals convicted of murder may have limited assets, or their assets may be difficult to access, especially if they are incarcerated for a long period. However, even if immediate substantial compensation isn’t available, pursuing a wrongful death claim can:
- Provide a sense of justice: For many families, holding the individual accountable in civil court, even if they are already in prison, offers a form of closure and validation of their loss.
- Secure a judgment: A civil judgment can remain active for many years, and if the convicted individual ever acquires assets (e.g., through inheritance), those assets could potentially be seized to satisfy the judgment.
- Prevent future financial gain: In some cases, a civil judgment can prevent a convicted individual from profiting from their crime (e.g., through book deals or media appearances) by allowing victims to claim those funds.
Taking the Next Steps
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Losing a loved one to murder is an incredibly difficult ordeal. While no amount of money can ever replace a life, a wrongful death lawsuit can help alleviate the financial burdens and provide a measure of justice for your family.
The first crucial step is to consult with an experienced wrongful death attorney in Texas. An attorney specializing in these complex cases can:
- Explain your legal rights and options in detail.
- Investigate the circumstances of the death to gather evidence.
- Distinguish between the criminal proceedings and potential civil claims.
- Assess the potential value of your claim.
- Guide you through the entire legal process, from filing the lawsuit to negotiating a settlement or representing you in court.
- Help determine if the liable party has assets that can be pursued for compensation.
Navigating the legal system during a time of profound grief is challenging. A compassionate and knowledgeable wrongful death attorney can provide the guidance and advocacy you need to seek accountability and compensation for your devastating loss.
