Stephens Law Firm | July 22, 2025 | Wrongful Death
If you have lost a loved one because of someone else’s negligent or intentional conduct, you could be entitled to significant compensation for your loss. A wrongful death lawsuit in civil court allows certain family members to hold the responsible party accountable. Dive into all the details below to learn more about what a wrongful death lawsuit is and who may file one.
What Is a Wrongful Death Lawsuit?
If someone else causes the death of your loved one, you may be able to file a wrongful death lawsuit. Texas law puts some more specific guidelines in place to clarify when these lawsuits are appropriate. According to the law, a wrongful death lawsuit may be filed if the death was the result of someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
When Can You File a Wrongful Death Lawsuit?
A wrongful death may occur in a variety of circumstances, such as car accidents, construction accidents, and more.
Some examples of when a wrongful death lawsuit may be appropriate include when the death was caused by:
- Substandard medical treatment given by a doctor or hospital
- A property owner’s failure to provide reasonable security on the premises
- A negligent automobile driver
- A manufacturer who introduces a defective product into the chain of commerce
- An assailant who intentionally assaults the victim
Keep in mind that wrongful death lawsuits are filed in civil court. The plaintiff, or victim’s family, must prove the case by a preponderance of the evidence. This means that the plaintiff’s version of the facts is more likely true than not. Even though there may not be enough evidence to obtain a criminal conviction in some cases, you may still be successful with your wrongful death lawsuit.
Who May File a Wrongful Death Lawsuit?
Only certain individuals have the legal right to file a wrongful death lawsuit in Texas. Not just any family member can bring one of these suits.
Generally, a wrongful death lawsuit may be filed by:
- A surviving spouse
- Children or adopted children of the deceased
- The deceased’s parents
If none of these family members survives the victim, the executor of the deceased’s estate can also bring the lawsuit.
What Kind of Damages Are Available in Wrongful Death Lawsuits?
Damages available in wrongful death lawsuits are intended to compensate the victim’s family for all their losses. This includes both economic and non-economic damages.
In a wrongful death lawsuit, some of the damages the family may be able to recover include:
- Expenses for attempted life-saving medical treatments performed prior to death
- Funeral and burial expenses
- Loss of future lost wages and earning capacity
- Loss of companionship
- Loss of support and guidance
- Loss of inheritance
- Loss of the value of household services performed by the deceased
Putting a dollar figure on many of these losses can be challenging. Often, expert testimony is needed to accurately assess the value of these intangible losses. An experienced wrongful death lawyer can help you put an accurate value on your claim to ensure you get all the compensation you are entitled to.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
If you have lost a loved one, you have two years from the date of death to file a lawsuit. Getting your claim filed before the deadline is crucial. If you do not file in time, you will be barred from bringing a claim and recovering any damages.
However, you must keep in mind that there are a few special situations that can affect the deadline. It is possible that the deadline in your case could be sooner or later than the general rule, depending on the specific facts of the situation. This is why it is so important to get help from an experienced lawyer as soon as possible so that you do not miss your chance to get compensation.
Contact the Fort Worth Wrongful Death Lawyers at Stephens Law Firm, PLLC for Help Today
Losing a loved one unexpectedly is one of the hardest things a person can experience—especially when it could have been prevented. At Stephens Law Firm, PLLC, we understand the emotional toll and financial stress this kind of loss can bring. That’s why we’re here to help you pursue justice.
Our Fort Worth wrongful death attorneys are experienced in handling complex cases and fighting for full and fair compensation for grieving families. We handle every case with compassion, professionalism, and an unwavering commitment to holding the responsible parties accountable.
For more information, 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
