Not every accidental death leads to a wrongful death claim in Texas. For many families, the difference between a tragic accident and a legal claim can be difficult to determine. Under Texas law, only certain deaths qualify as wrongful. This means a claim can move forward only if those standards are met.
What Is Considered a Wrongful Death Under Texas Law
Wrongful death claims in Texas result from many situations including car accidents, workplace incidents, premises liability cases and toxic exposures. In these scenarios, your wrongful death attorney will need to evaluate the following factors.
Death Caused by Negligence or Wrongful Conduct
To qualify as a wrongful death claim, the death must result from another party’s negligent, reckless or intentional wrongful act. Under Texas law, negligence means failing to exercise reasonable care under the circumstances. If no party is at fault, the death does not meet the legal threshold for a wrongful death claim.
A Viable Personal Injury Claim
For a wrongful death claim to move forward, it must be shown that the deceased would have had a valid personal injury claim had they survived. If they could not have recovered damages for their injuries, the wrongful death claim cannot proceed. The right attorney matters in a wrongful death case, as they can evaluate the strength of this requirement early-on in the process.
A Direct Link Between the Conduct and the Death
A wrongful death claim requires more than proof of wrongful conduct. The death has to be directly connected to those actions, not the result of something unrelated that happened later. If other factors are the primary cause, the claim may not meet the legal standard required to progress.
Eligible Family Members
While many people can be affected by the death of a loved one, Texas law limits who can file a wrongful death claim. Eligible parties include the surviving spouse, children and parents of the deceased, but this does not extend to siblings or other family members.
Filing Within the Legal Deadline
In Texas, you have two years from the date of death to file a wrongful death claim. If you miss this deadline, the claim may not be accepted. A wrongful death attorney can help families keep track of important dates and avoid missing deadlines.
Speak With a Wrongful Death Attorney in North Texas
When you’re uncertain whether you can make a wrongful death claim, contact the attorney team at Lucé Law, PC for support. We assess claims and represent clients to achieve fair compensation after the loss of a loved one. Call (972) 632-1300 or request a free legal consultation.
