Losing a loved one is one of life’s most difficult experiences. When a death occurs because of someone else’s careless or negligent actions, Texas law allows surviving family members to pursue a wrongful death claim. Rather than the injured person bringing a personal injury lawsuit, the family files the claim on the deceased individual’s behalf.
Three Common Examples of Wrongful Death Claims in Houston, TX
In Texas, a wrongful death claim covers deaths caused by another person’s wrongful act, neglect, carelessness, unskillfulness, or default. Examples include deaths from car accidents, workplace injuries, medical mistakes, or unsafe conditions.
Examples of wrongful death claims include:
Example 1: Fatal Motor Vehicle Accidents
Car and truck accidents are among the leading causes of wrongful death claims. Texas sees thousands of fatal car crashes yearly. In recent years, TxDOT data shows over 4,000 fatalities annually from auto accidents.
These deaths often result from negligent driving behaviors and other factors, including:
- Distracted driving (such as texting or using a phone)
- Driving under the influence of alcohol or drugs
- Speeding or reckless driving
- Failure to wear a seatbelt
- Poor vehicle maintenance by the owner
- Faulty repairs
- Defective parts by a manufacturer
Suppose a driver who has been drinking falls asleep at the wheel and crosses the center line. They collide head-on with another vehicle, killing the other driver. The deceased driver’s family would have grounds for a wrongful death claim against the drunk driver because the death resulted from that person’s negligent and dangerous actions.
Example 2: Workplace Accidents
Workplace accidents can also lead to wrongful death claims, particularly in high-risk industries such as construction, manufacturing, and transportation. While surviving family members may be eligible for Texas workers’ compensation death benefits, additional legal claims may arise when a third party’s negligence contributed to the death.
Common examples include defective equipment, unsafe machinery, or dangerous job-site conditions. For instance, if a construction worker is killed after falling from defective scaffolding, the family may be able to pursue a wrongful death claim against the equipment manufacturer or another responsible third party, in addition to any workers’ compensation benefits.
Example 3: Medical Malpractice
Medical malpractice is another frequent cause of wrongful death claims. When a healthcare provider fails to meet the accepted standard of care and that failure results in a patient’s death, surviving family members may have a wrongful death claim based on medical negligence.
Situations that commonly lead to these claims include:
- Misdiagnosis or delayed diagnosis of serious conditions
- Surgical mistakes or procedural errors
- Anesthesia or medication errors
- Failure to monitor a patient’s condition
- Hospital-acquired infections due to unsanitary conditions
For example, if an anesthesiologist administers an incorrect dosage of anesthesia during a routine procedure and fails to monitor the patient’s vital signs, resulting in death, the patient’s family may have grounds to file a wrongful death lawsuit against the hospital and involved providers.
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Key Information for Families About Texas Wrongful Death Claims
Understanding Texas wrongful death laws helps families know what to expect when pursuing a wrongful death claim.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, only the surviving spouse, children, and parents can bring a wrongful death action. Other family members are not permitted to file wrongful death lawsuits. If none of these family members files within three months, the estate representative may pursue the claim.
Statute of Limitations for Wrongful Death Claims in Texas
The statute of limitations for a wrongful death claim in Texas is two years. The time begins from the date the person died, which may not be the date of the accident or injury. Missing this deadline means you cannot seek compensation through the court system.
Damages Available in Texas Wrongful Death Cases
Wrongful death damages can include economic damages, such as lost future income, medical expenses, funeral costs, and loss of household services. The family may also receive non-economic damages for loss of companionship and capacity, mental anguish, loss of care and counsel, and loss of inheritance.
Some cases may qualify for exemplary or punitive damages. These damages are awarded in specific cases to “punish” parties for fraud, gross negligence, or malice.
Contact Attorney Brian White Personal Injury Lawyers To Schedule a Free Consultation With a Houston Wrongful Death Attorney
If you believe your family has a wrongful death claim in Texas, you need help from an experienced Houston wrongful death lawyer as soon as possible. The two-year statute of limitations moves quickly, and gathering evidence becomes harder as time passes.
An attorney can help you understand your rights, determine who is eligible to file, and guide your family through this difficult legal process. To learn more, contact Attorney Brian White Personal Injury Lawyers today at (713) 500-5000. We offer a free consultation with a Houston Wrongful death lawyer.
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About the Author Brian White
Brian White earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a Board-Certified Personal Injury Trial Lawyer.
Dedicated to giving back, he actively supports local charities and community initiatives.
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