Losing a loved one is one of life’s most painful experiences, especially when someone else’s negligence caused their death. In Texas, families who suffer such a loss may have the right to pursue a wrongful death claim in civil court. While no money can compensate for the loss, the law provides a way to seek justice and hold the at-fault party accountable.
At Hollingsworth Law Firm, our Houston personal injury attorneys help grieving families understand their rights and pursue the full compensation they deserve under Texas law.
What Is a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code §71.002, a wrongful death claim can be filed when someone dies due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. These claims are separate from any criminal charges that may be filed and focus on the surviving family members’ financial and emotional losses.
Only specific people can file a wrongful death lawsuit in Texas, including:
- The surviving spouse.
- The surviving children (including adult children).
- The surviving parents.
If none of these parties file a claim within three months, the executor or personal representative of the estate may file on behalf of the beneficiaries.
How Is the Value of a Life Measured in Texas Civil Court?
It’s impossible to put a price on a human life, but Texas courts consider several factors to determine fair compensation for the family’s loss.
The value of a wrongful death claim is based on economic and non-economic damages, including:
- Lost Earning Capacity
This includes the income the deceased, based on their age, career, and work history, would have provided to the family over their lifetime.
- Loss of Care, Support, and Guidance
Survivors can seek compensation for the emotional and practical support they no longer receive from their loved one—such as parenting, companionship, and household contributions.
- Loss of Inheritance
This accounts for what the beneficiaries would likely have received if the deceased had lived a full life and continued to save and grow their estate.
- Mental Anguish
Survivors can recover damages for the emotional pain and suffering caused by the sudden, unexpected loss of a loved one.
- Funeral and Burial Expenses
These are often included in a related survival action, compensating the estate for costs and damages the deceased experienced before passing.
In some cases, punitive damages may also be awarded if the death was caused by gross negligence or intentional misconduct, such as in cases of drunk driving or corporate safety violations.
Why You Need a Lawyer for a Wrongful Death Claim
Wrongful death claims are complex and emotionally charged. Insurance companies often try to minimize payouts or shift blame to avoid responsibility. At Hollingsworth Law Firm, we understand what’s at stake and provide compassionate, aggressive representation to help families secure justice.
If you’ve lost a loved one due to someone else’s negligence, contact us online or call our Harris County wrongful death attorneys at 713-637-4560 today for a free consultation. We’re here to help you hold the responsible party accountable and fight for the compensation your family deserves.
