Losing a loved one is always devastating, but when that loss comes from someone else’s negligence or wrongdoing, families may have the right to pursue justice with a Texas wrongful death lawsuit. Knowing the most common causes of wrongful death can help you understand your legal options and take action before the two-year filing deadline expires under Texas law.
Fatal auto collisions, including car, truck, motorcycle, and pedestrian accidents, are the leading source of wrongful death claims in Texas. These tragic incidents often involve speeding, driving under the influence, distracted driving, fatigued trucking, or overloaded commercial vehicles.
When healthcare professionals deviate from accepted medical standards, resulting in misdiagnosis, surgical errors, medication mistakes, or other fatal outcomes, surviving families may pursue wrongful death suits.
Fatal accidents on job sites, including construction, manufacturing, and oilfield operations, often result from machinery failures, falls, electrocution, or toxic exposures. These incidents can lead to wrongful death claims against employers, contractors, or equipment manufacturers.
When a dangerous or defective product, such as faulty machinery, appliances, or pharmaceuticals, causes a fatal injury, manufacturers, distributors, and retailers may be held liable under product liability laws.
Fatalities caused by unsafe conditions, like slip and fall accidents, drowning, fires, or inadequate security, on someone else's property may lead to wrongful death suits against property owners or operators.
When elderly residents suffer fatal injuries due to inadequate care, neglect, or abuse in nursing homes, families may pursue wrongful death claims against facility operators and staff.
Intentional acts resulting in death, including assault, homicide, or violent crimes, can also give rise to civil wrongful death lawsuits separate from criminal proceedings.
Negligence in detention facilities, such as ignoring serious medical conditions, can lead to wrongful death lawsuits, as seen in recent Texas cases involving inmate neglect.
Only the surviving spouse, children, or parents of the deceased can bring a claim. If no one files within three months, the deceased’s estate representative may act. There is a strict two-year statute of limitations from the date of death, with few exceptions.
Texas uses a “preponderance of evidence” standard in civil wrongful death cases and applies modified comparative negligence, which can reduce damages if the deceased shares fault and bars recovery entirely if the deceased was over 50% at fault. Claimable damages include both compensatory (economic and non-economic) and, in cases of gross negligence or intentional wrongdoing, punitive damages.
Wrongful death cases involve navigating complex legal standards, establishing fault, and gathering compelling evidence. At VB Attorneys, we specialize in high-stakes litigation and can help investigate the cause of death, collect evidence, and identify all liable parties; prepare accurate calculations of both economic and emotional losses; negotiate assertively with insurance providers; and move the case to trial when necessary to secure full compensation.
Wrongful death lawsuits in Texas arise most often from: motor vehicle accidents, medical malpractice, workplace or industrial accidents, defective products, premises liability, nursing home neglect or abuse, criminal acts, and custodial negligence. If your family has experienced such a loss, time is limited. Contact a Texas wrongful death lawyer at VB Attorneys today to explore your rights and take action.