Roderick C. Lopez | February 6, 2025 | Personal Injury
Who gets the money in a Texas wrongful death claim depends on the facts and Texas law. If your loved one’s death was caused by someone else’s negligence or an intentional act, you could pursue a wrongful death lawsuit. Settlement money in a wrongful death claim is paid to the surviving spouse, children, parents, or the estate of the deceased. When and what you can recover financially after the death of a family member will involve the circumstances of the incident.
When Can a Wrongful Death Lawsuit Be Filed?
There are a wide variety of situations that can form the basis for a wrongful death lawsuit in Texas. Tragically, loved ones are lost every day to negligent acts and intentional acts of other people. Those left behind can pursue a wrongful death claim against the at-fault individual when there is sufficient evidence to file a case.
Wrongful death settlements can be based on the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slips and falls on property
- Workplace accidents
- Medical malpractice
- Product liability
- Nursing home negligence
- Violent crimes
In Texas, a wrongful death lawsuit can be filed by a spouse, child, or parent when they lose someone suddenly. The estate can also file a lawsuit known as a “survival action”, which essentially asserts the legal claims that the deceased would have been entitled to file. Proceeds of a survival action in Texas go toward debts of the estate, then beneficiaries listed in a will. If there is no will, the money goes to the next of kin.
What Benefits Can Someone Receive in a Wrongful Death Claim?
The benefits received by survivors can depend on different factors. First would be your relationship to the deceased and whether you are entitled to collect as a spouse, child, or parent. Other factors can include:
- The financial support you depended on from the deceased during their lifetime (for example, if your spouse was the primary income earner in your household or if a child lost a parent.)
- Whether the deceased had any children
- Whether other survivors take legal priority over you
- The costs involved due to the incident (such as medical bills, funeral expenses, and other costs)
For spouses and children, losses that can be recovered in a wrongful death claim might also include:
- Loss of companionship with a spouse
- Loss of parental guidance
- Loss of financial protection
- Pain and suffering
- Emotional distress
Some of these losses can be difficult to calculate and put in numbers. An experienced wrongful death attorney can help make the full scope of your losses understood and fairly compensated in a wrongful death lawsuit.
How to Prove a Wrongful Death Claim in Texas
When an act is intentional (especially if it results in a criminal conviction), liability for your loved one’s death can be straightforward to prove. When the incident involves negligence by some other party, proving a wrongful death claim can involve different steps. To succeed in a wrongful death claim based on negligence, you will need to prove the elements of negligence:
- Duty of care: the other party must have owed your family a duty of care to act in a certain way (for example, by following traffic laws in the case of a vehicle accident).
- Breach of duty: when the other person failed to live up to their duty of care to others, their breach will be cited in a wrongful death claim.
- Causation: you’ll need to prove that the other person’s act (or failure to act) was the cause of your loved one’s death.
- Damages: in a wrongful death case, the damages are clear as they involve death and the tremendous losses involved for you and your family.
An experienced Laredo wrongful death lawyer will use all available facts and evidence to prove your wrongful death claim and secure a proper settlement.
Contact a Laredo, TX, Wrongful Death Attorney at Roderick C. Lopez Personal Injury Lawyers. Call Us at (956) 529-7336
After the tragic loss of a loved one, it is hard to make sense of it all. When death is the result of someone else’s negligence or reckless act, it is even harder to process. Through a wrongful death claim, you and your family can achieve some sense of justice and financial recovery for your loss. Contact the Roderick C. Lopez Personal Injury Lawyers today to schedule a free consultation and learn more.
We are located in Laredo, TX, proudly serving Webb County and surrounding areas. We are located in Laredo, Texas.
Roderick C. Lopez Personal Injury Lawyers
6557 Metro Court, Suite 1 Laredo, TX 78041
(956) 529-7336
