Filing a Wrongful Death Claim in Texas: What You Should Know By Greg Burton on December 15, 2023

Solemnly lit candles for a vigil

Losing a loved one at any point is a terrible tragedy. If their death was caused by the negligence of another individual, the pain can be even worse. While no amount of money can bring them back, compensation can help you and your family recover and move forward.

Here is some key information you need to know about filing a wrongful death claim in Texas. Reach out to our law firm in Longview, TX, for counsel and assistance with wrongful death litigation.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is filed to obtain compensation after someone was killed as a result of another individual’s negligence. In Texas, these claims are typically filed by the deceased’s spouse, children, or parents.

If no family member begins their wrongful death claim within three months of the tragic death, the administrator of the deceased’s estate can move forward with the case on their own.

Deadline to File a Claim: The Statute of Limitations

Another time to keep in mind is the deadline to file your claim, which is set by the statute of limitations.

In Texas, the statute of limitations for a wrongful death claim is two years from the date of a loved one’s passing.

If you fail to file by then, you will almost certainly forever lose the ability to get compensated.

How Much Does It Cost to Pursue a Wrongful Death Case?

It costs you absolutely nothing upfront to receive my help in your wrongful death lawsuit. I start these cases with a free consultation and handle them on a contingency basis. This means I do not charge a single cent throughout the entirety of a case, only getting paid if I obtain a verdict or settlement on your behalf.

This ensures my focus is on getting the most money possible for you, and frees you from the burden of having to worry about paying hourly attorney fees.

What Can You Be Compensated For?

Compensatory damages, the standard form of compensation in these claims, can be awarded for mental anguish, lost companionship, lost financial support, medical expenses, and burial costs.

Depending on the specifics of your case, I can also pursue punitive damages. While rarely awarded, this is a type of damages that can be sought in wrongful death cases in which the individual who caused the death acted in an especially egregious or malicious manner.

Modified Comparative Negligence Is Crucial in Fatal Accident Cases

Texas uses modified comparative negligence when adjudicating civil cases. This means that you can win your lawsuit even if your loved one contributed in some way to their passing, as long as the defendant is found to be primarily responsible for the death.

As an example, if a jaywalker was killed by a speeding driver, the jaywalker’s family may still be able to receive compensation even though their loved one was behaving irresponsibly.

I’m Here for Longview Families: Contact My Law Firm

I pride myself on helping Longview families receive the compensation they need to rebuild their lives following sudden tragedies. Board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, I have the legal knowledge and skills necessary to win complex wrongful death cases. Reach out to receive my help.

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Randy Akin and Greg Burton

G.R. Akin, P.C.

Randy Akin and Greg Burton have more than 50 years of combined experience. They are affiliated with several professional associations, including:

  • Texas Bar Foundation
  • State Bar of Texas
  • Gregg County Bar Association

Contact us online to ask a question or call us at (903) 297-8929.

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