Compassionate legal representation from a national law firm.
Losing a loved one due to someone else’s negligence is devastating. Along with grief, families are often left with unexpected financial burdens, unanswered questions, and uncertainty about their legal rights.
Wrongful death law in Texas allows certain family members to pursue compensation when a fatal accident could have been prevented. A wrongful death attorney can help families understand their options, preserve evidence, and navigate the legal process with care and clarity.
Wrongful death cases demand an attorney who can fight for the justice and compensation your family deserves. With lives forever changed, you need an attorney with a proven record of securing billions in recoveries for clients. A Texas wrongful death lawyer at The Carlson Law Firm can provide the experience, resources, and compassion necessary to navigate the legal complexities while holding the responsible parties accountable. Choose a firm with a history of results that speaks for itself—your family's future deserves nothing less.
Wrongful deaths in Texas are governed by the Texas Civil Practice and Remedies Code 71. These laws define who can file a claim, what damages may be recovered and how long families have to pursue legal action.
Wrongful death cases are civil claims, which are separate from any criminal proceedings. These cases focus on financial and non-financial losses suffered by surviving family members. The Carlson Law Firm has a compassionate team that cares about your case, so contact us today and schedule a free consultation.
Loss of a loved one is never easy, and we know nothing can replace them. Damages in a wrongful death case are intended to address both financial losses and the personal impact of a loved one’s death.
In rare cases, exemplary damages may be available when the conduct involved gross negligence or willful misconduct. After losing a loved one, you are not alone. Our legal team at The Carlson Law Firm cares about your case and can help you pursue any damages you are owed after a wrongful death.
Wrongful death claims in Texas occur when a person’s death is caused by negligence, carelessness or a wrongful act by another party. Every case is unique, but many wrongful death lawsuits stem from preventable circumstances that involve unsafe conduct or not following established safety standards.
Some of the most common causes of wrongful death claims in Texas include:
Wrongful deaths under this category are considered civil claims, which are separate from criminal prosecution. They focus on the financial and personal losses suffered by surviving family members. Violent or criminal acts that result in death can be caused by negligent security, assault or other criminal behavior.
Fatal motorcycle, truck, and car accidents are among the leading causes of wrongful death in Texas. There were 4,150 motor vehicle fatalities in 2024, with causes like speeding and impaired driving. That also includes commercial vehicle crashes, which can involve additional liability for employers.
Property owners are responsible for maintaining reasonably safe conditions. Unsafe walkways, hazardous condition, inadequate security or ignored maintenance problems on commercial or residential property can lead to fatal injuries and a wrongful death claim.
There can be serious risks in industries like construction, transportation, manufacturing, oil and gas. Wrongful death claims for Texas workers can involve equipment failures, unsafe job sites or falls. In many cases, third-party negligence plays a role.
Wrongful death claims may result from medical errors such as surgical mistakes, misdiagnosis, medication errors, or failures to monitor patients. These cases often require extensive review of medical records and expert testimony.
Manufacturers and distributors can be held responsible when a defective product causes a fatal injury. These cases may involve vehicle defects, industrial equipment, medical devices, or consumer products that fail during normal use.
Texas law generally allows filing a wrongful death lawsuit two years from the date of death. Some exceptions can apply, especially if there is a minor or delayed discovery involved. Missing this deadline can limit a family’s ability to seek compensation.
Legal guidance can help keep deadlines in perspective. Whether the wrongful death was the result of a commercial vehicle crash or negligence, The Carlson Law Firm has a team of compassionate lawyers to help you navigate your claim through this difficult time.
Many law firms are proud of settling, but a lot of wrongful death claim settlement offers do not reflect the full impact of a loss. Case preparation, including evidence and expert testimony, is important to allow families to make the decision if settlement or trial is more appropriate for their situation.
If a trial is necessary, The Carlson Law Firm has courtroom experience you can trust to guide you through the process. Wrongful death cases usually proceed in this order:
Under Texas law, there are several individuals who may be eligible to file a wrongful death claim. The spouse and parents of the deceased can file a claim, as well as children of the deceased, including legally adopted children.
Siblings and extended family members generally cannot file a wrongful death lawsuit unless acting through an estate in specific circumstances. The Carlson Law Firm represents wrongful death families across Texas, including:
A wrongful death in Texas occurs when a person’s death is caused by another party’s negligence, carelessness, unskillfulness or wrongful act.
These claims are governed by Texas law and may arise from incidents such as car accidents, workplace injuries, defective products, medical negligence or unsafe property conditions.
Wrongful death claims are civil actions and focus on the losses suffered by surviving family members.
Based on Texas law, the following individuals may be eligible to file a wrongful death lawsuit:
If none of these family members file a claim within a certain period, the personal representative of the estate may be able to pursue the case on behalf of the estate, unless the family requests otherwise.
In most Texas wrongful death cases, the statute of limitations is two years from the date of death. If the case involves a minor or specific legal circumstances, there are some exceptions. A family may not be able to pursue compensation if they miss the deadline, so it is important to understand legal rights as soon as possible.
Texas law allows eligible family members to seek compensation for both economic and non-economic losses. This compensation can include:
In rare cases involving gross negligence, exemplary damages may also be available.
No. A wrongful death case is a civil lawsuit, while a criminal case is brought by the state to address violations of criminal law.
A wrongful death claim may proceed regardless of whether criminal charges are filed, and the outcome of a criminal case does not exclusively determine the outcome of a civil wrongful death lawsuit.
