Trujillo & Sanchez Law Firm

Wrongful Death lawsuit


If a person dies due to the misconduct or negligence of another, family members or survivors may sue for wrongful death in Texas. This type of lawsuit seeks compensation for the survivors’ losses. Typical losses may include: loss of companionship, lost wages, and funeral expenses, among others.

Examples of wrongful death may involve a driver in a motor vehicle accident, a bartender who served alcohol to a person who later drove, a doctor or health professional who engaged in malpractice, or a business owner who failed to maintain his/her property, which then resulted in an accident.

As with general personal injury claims, many types of incidents can form the basis of a wrongful death claim in Texas, including:

  • Incidents based on negligence (such as motor vehicle accidents).
  • Medical malpractice.
  • Intentional acts (including crimes).

Who can file a wrongful death lawsuit in Texas?

Under Texas law, you may file a wrongful death lawsuit in the state’s civil courts if you’re a: 

  • surviving spouse, 
  • children, 
  • parents of the deceased, or
  • one or more of these persons on behalf of all of them. 

It’s extremely important to file the wrongful death claim within three months of the date of death. If the spouse, children or parents don’t file, the deceased’s personal representative (sometimes called the “executor”) or the administrator of the deceased’s estate may file, unless all surviving family members listed above request not to file the wrongful death claim.

What types of damages can you claim in a wrongful death case in Texas?

Damages due to a wrongful death in Texas can compensate for a variety of losses. This compensation is granted to a surviving spouse, children and/or parents, and may include:

  • Lost earning potential.
  • Loss of the care, maintenance, services, support and advice that the deceased would have provided his/her surviving family members.
  • Mental pain and anguish experienced by the surviving family.
  • Loss of love, companionship, comfort and partnership, as well as lost inheritance, including what the deceased would likely have saved and left to surviving family members had he/she lived.

In addition, if the death was the result of an “intentional act or oversight, or gross negligence” you may be able to claim exemplary damages, sometimes called “punitive damages.” The purpose of exemplary damages isn’t to compensate the family for losses associated with the death, but to punish the wrongdoer and deter other parties from engaging in similar conduct.

Why do you need a lawyer to get wrongful death compensation in Texas?

A wrongful death attorney can be a great source of grief support after the tragic loss of a loved one. Specifically, this attorney will be able to think clearly and focus on the law to build the strongest possible case. With extensive experience, a wrongful death attorney knows how to properly assess the claim. This attorney will thoroughly evaluate the situation and the different ways the surviving family members have been affected by this loss, so that relevant compensation can be sought.

At the Law Offices of Trujillo Sanchez, you’ll find the personal injury and wrongful death attorney you need to file a claim for compensation.

What wrongful death compensation can we get for you?

The damages that a wrongful death attorney can pursue vary depending on the family member who has filed the lawsuit, as well as the age, earning capacity and life expectancy of the deceased. Compensation may include:

  • Medical expenses incurred by the deceased prior to death.
  • Funeral expenses.
  • Lost financial support of the deceased.
  • Lost prospect of inheritance.
  • Loss of consortium.
  • Pain and suffering.

What is the statute of limitations for filing a wrongful death lawsuit in Texas?

A wrongful death case in Texas must be filed within a certain period of time, set by a law called the “statute of limitations.” In Texas, it declares that the lawsuit must be filed within two years of the person’s death.

At the Law Offices of Trujillo Sanchez, we’ll fight to get you the maximum wrongful death compensation benefits possible. We’ve recovered over $500 million in damages for our clients. The expenses associated with the loss of a loved one can be high, so you won’t pay us unless we win your case.

Call now for a free consultation. If we don’t win, you don’t pay us!

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