Stephens Law Firm | August 26, 2025 | Wrongful Death

How Do You Prove a Wrongful Death?

If you have lost a loved one due to someone else’s negligent or wrongful conduct, you may be entitled to file a wrongful death claim. However, to win your claim, you will need to prove that the defendant caused the death. You could recover economic, non-economic, and even punitive damages if successful. 

Dive into all the details below to learn more about proving a wrongful death claim in Fort Worth, TX.

What Is Wrongful Death in Texas?

Each state has its own definition of wrongful death. Under Texas law, a defendant may be liable for wrongful death if that death was caused by their “wrongful act, neglect, carelessness, unskillfulness, or default.” 

Wrongful deaths can occur in many types of accidents, such as:

Many wrongful death claims are based on negligence. Keep reading below to learn more about proving these types of claims.

Proving Wrongful Death Claims Based on Negligence

Wrongful death claims based on negligence may occur when someone’s careless behavior causes the death of another person. 

To prove wrongful death based on negligence, you must establish the following:

  • Duty of care: You must show that the defendant had a legal duty to uphold a certain standard of care. In most situations, the defendant must act as a reasonable person would in a similar situation.
  • Breach of duty: When the defendant fails to uphold the accepted standard of conduct, they have breached their duty. This means that they did not act reasonably under the specific circumstances.
  • Causation: You must show that the defendant’s behavior caused your loved one’s death. This requires proving both direct and proximate cause.
  • Damages: Lastly, you must prove your damages. Wrongful death claims may include many damages, such as funeral and burial expenses, loss of companionship, and even punitive damages.

For cases involving intentional torts, you still must show that the defendant’s intentional conduct caused the death.

Types of Evidence Used to Prove Wrongful Death Claims

Wrongful death claims in Texas must be proven by a preponderance of the evidence. This means you must show that your version of the facts is more likely to be true. In other words, you must have just enough evidence to tip the scales in your favor, or just over 50% of the evidence on your side.

Some common types of evidence used to prove wrongful death claims are:

  • Photo and video evidence
  • Testimony from the defendant
  • Witness testimony
  • Expert witness reports
  • Text messages or call logs
  • Surveillance footage

The more evidence you have to prove your case, the more likely you will be successful with your claim.

Who May File a Wrongful Death Lawsuit in Texas?

Not just anyone can file a wrongful death claim. Under Texas law, the individuals who may file a wrongful death claim include:

  • A surviving spouse
  • Children of the deceased
  • Parents of the deceased

Any one of these individuals may file a claim on behalf of them all. If none of them file a claim within three months after the death, the executor or administrator of the deceased’s estate may file a wrongful death action. The exception is when all individuals named above request that the executor not file the claim.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

If you have lost a loved one due to someone else’s conduct, your time to file a wrongful death lawsuit is limited. In Texas, you generally have two years from the date of your loved one’s death to file your claim. Missing this deadline can cause you to lose all your rights to recover any compensation for your loss.

However, some special situations can shorten or extend the deadline. This is why you should always consult with an experienced lawyer for help as soon as possible. 

Contact the Fort Worth Wrongful Death Attorneys at Stephens Law Firm, PLLC for a Free Consultation

Texas law gives you a limited time to file a wrongful death claim. Contact Stephens Law Firm, PLLC today for a free consultation with a Fort Worth wrongful death lawyer who will fight for the justice and compensation your family deserves. 

If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth and Weatherford personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.

Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107
(817) 420-7000

Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000