Stephens Law Firm | August 20, 2025 | Wrongful Death
Under the Texas Wrongful Death Act, the party or parties responsible for causing a wrongful death pay for a wrongful death lawsuit, either through a settlement or jury verdict. Families typically do not pay upfront legal costs, as attorneys often work on a contingency fee basis.
This means the lawyer is only paid if the case is successful. The compensation recovered is meant to support surviving family members financially after the loss of their loved one.
Who Can Be Liable for a Wrongful Death?
Liability in a wrongful death case arises when someone’s negligence, recklessness, or intentional misconduct directly causes another person’s death. The responsible party may be an individual, company, or multiple parties.
To succeed, the family must prove that the death would not have occurred but for the defendant’s actions. An experienced attorney can help gather evidence to establish liability.
How Can the Responsible Party Be Held Accountable?
Proving wrongful death in Texas requires showing that another party’s negligence or wrongful act directly caused your loved one’s death. This process often involves:
- Investigating the cause: Gathering police reports, medical records, accident reconstructions, and expert testimony.
- Identifying liable parties: Determining whether an individual, company, or multiple parties share responsibility.
- Filing a wrongful death claim: Initiating legal action under the Texas Wrongful Death Act to pursue damages.
- Negotiating a settlement: Working with insurers or defense attorneys to secure fair compensation.
- Going to trial if necessary: Presenting evidence in court when the responsible party refuses a fair settlement.
Holding negligent parties accountable not only provides financial support for surviving family members but also delivers justice for the life that was lost.
What Accidents Lead To Wrongful Death Claims?
Wrongful death claims can result from a wide variety of accidents and intentional acts, including:
- Car, truck, motorcycle, bicycle, and pedestrian accidents
- Slip and fall accidents
- Construction accidents
- Dog bites and animal attacks
- Medical malpractice
- Defective or dangerous products
- Assaults and other violent acts
These events often involve negligence but can also stem from intentional wrongdoing.
What Compensation Is Available in a Wrongful Death Lawsuit?
Surviving family members may seek compensation for both economic and non-economic damages, including:
- Funeral and burial expenses
- Medical bills incurred before death
- Loss of the deceased’s income, wages, and benefits
- Loss of companionship, consortium, and protection
- Emotional pain and suffering
- Loss of household services and childcare
In some cases, punitive damages may also be awarded if the defendant acted with gross negligence or intentional misconduct.
Who Can File a Wrongful Death Lawsuit?
Under Texas law, only certain family members may bring a wrongful death claim: the surviving spouse, children, or parents of the deceased. One or more of these parties may file on behalf of all eligible beneficiaries.
If none of these parties file within three months, the personal representative of the estate may bring the claim unless the family requests otherwise.
How Are Wrongful Death Settlements Paid Out in Texas?
Compensation from wrongful death cases can be paid in several ways:
- Lump sum payments: a one-time payment, most common after settlements or jury awards.
- Structured payments: installments over time, often used when young children need long-term support.
- Partial payments: a combination of an upfront lump sum and ongoing installments.
- Trusts: funds placed in trust for minors or incapacitated adults until they can manage the money.
Disputes over distribution can be resolved by agreement among family members or, if necessary, by the court.
Consider Working with a Fort Worth Wrongful Death Lawyer
Wrongful death claims are complex and emotionally challenging. They require careful navigation of Texas law, strong evidence, and an understanding of how damages are calculated. An experienced Fort Worth wrongful death lawyer can guide families through the process, protect their rights, and pursue maximum compensation.
Legal representation allows families to focus on healing while ensuring justice is pursued for their loved one. To learn more, contact Stephens Law Firm, PLLC to schedule a free consultation.
Contact Our Personal Injury Law Firm in Fort Worth, TX
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
