Stephens Law Firm | July 24, 2025 | Wrongful Death
Losing a loved one is never easy, especially when their death was caused by someone else’s negligence or wrongdoing. In Texas, families have the right to file a wrongful death lawsuit to seek justice and compensation. But what does it take to win a case like this? In this article, we’ll walk you through the key elements of a wrongful death case, how the legal process works, and what you need to prove to win.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action filed when someone dies due to another person’s careless, reckless, or intentional behavior. These cases often arise from car accidents, workplace injuries, medical malpractice, or defective products.
In Texas, the surviving spouse, children, or parents of the deceased can file a wrongful death claim. If none of them act within three months, the estate’s personal representative may bring a lawsuit instead.
It’s important to understand that wrongful death cases are civil lawsuits—not criminal. That means the person responsible may still face criminal charges, but the wrongful death case is separate and seeks money damages, not jail time.
What Do You Have to Prove?
To win a wrongful death lawsuit in Texas, you must show four key elements:
Duty of Care
You must prove that the person or company owed your loved one a legal duty of care. This means they were supposed to act in a way that would avoid causing harm. For example, drivers have a duty to follow traffic laws and drive safely.
Breach of Duty
Next, you must show that the defendant failed to meet that duty. This could mean texting while driving, failing to fix unsafe conditions on a property, or prescribing the wrong medication.
Causation
You also have to prove that the breach of duty directly caused your loved one’s death. It’s not enough to show that the person acted carelessly—you must show that their actions led to the fatal outcome.
Damages
Finally, you must show that the death caused real losses for the surviving family. These damages can be emotional, like grief and loss of companionship, or financial, such as lost income or funeral expenses.
These four elements must be supported with strong evidence. If even one part is missing, the case may not succeed.
Building a Strong Case
Winning a wrongful death lawsuit takes more than just filing paperwork. You need solid evidence, expert witnesses, and a legal team that knows Texas law.
Some common types of evidence include:
- Medical records and autopsy reports
- Police or accident reports
- Eyewitness statements
- Video footage or photos
- Expert opinions (like doctors or accident reconstruction specialists)
In many cases, gathering this evidence requires thorough investigation. Your lawyer may hire private investigators or consult industry experts to help build your case. Each piece of evidence plays a role in telling the story of what happened and why the defendant should be held responsible.
How Long Do You Have to File?
In Texas, the statute of limitations for wrongful death cases is two years from the date of the person’s death. If you wait too long, the court may not allow you to file your case at all. There are some exceptions, such as when the responsible party hides evidence or when the person filing the lawsuit is a minor.
Still, it’s best to speak with a wrongful death attorney as soon as possible to avoid missing your chance. The sooner you act, the more time your legal team has to gather evidence and build a strong case.
Contact the Fort Worth Wrongful Death Lawyers at Stephens Law Firm, PLLC for Help Today
Winning a wrongful death lawsuit in Texas requires clear evidence, legal knowledge, and emotional strength. You must prove that someone else’s actions caused your loved one’s death and that your family suffered real losses as a result. The process can be long and painful, but it can also bring a sense of closure and financial relief.
If you’ve lost someone due to negligence, don’t wait to take action. Speak with a Fort Worth wrongful death attorney at Stephens Law Personal Injury | Wrongful Death | Truck Accidents, who understands Texas law and is ready to help you seek justice. We offer free consultations.
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
