Lubbock
Wrongful Death Attorneys
Compassionate Legal Advocacy for Families Who Have Lost Loved Ones
When a loved one dies due to another party's negligence, recklessness, or intentional misconduct, surviving family members in Texas may file a wrongful death lawsuit to recover compensation for their losses. Under Texas Civil Practice and Remedies Code Chapter 71, surviving spouses, children, and parents can pursue damages including lost financial support, mental anguish, and loss of companionship.
The unexpected death of a family member creates overwhelming emotional devastation compounded by sudden financial burdens. Medical bills, funeral expenses, and the loss of household income can destabilize families already struggling with grief. Texas wrongful death laws exist to provide surviving family members a path toward financial stability and accountability when negligence or wrongful conduct causes a preventable death.
At Malone Legal Group, our personal injury attorneys understand that no amount of money can replace your loved one. However, pursuing a wrongful death claim can help secure your family's financial future, hold negligent parties accountable, and prevent similar tragedies from affecting other families. We serve grieving families throughout Lubbock and West Texas region with compassion, professionalism, and aggressive legal advocacy.
Understanding Texas Wrongful Death Laws
Texas wrongful death law allows surviving family members to seek compensation when a death results from another party's wrongful act, neglect, carelessness, unskillfulness, or default. The Texas Legislature established these protections under Chapter 71 of the Texas Civil Practice and Remedies Code to ensure families can pursue justice when preventable deaths occur.
A wrongful death claim can proceed when the deceased person would have been entitled to file a personal injury lawsuit had they survived their injuries. This means the same types of negligent or reckless conduct that support personal injury claims—car accidents, medical malpractice, defective products, workplace incidents, and premises liability—can also support wrongful death claims when those injuries prove fatal.
The Distinction Between Civil and Criminal Cases
Wrongful death lawsuits are civil actions seeking financial compensation for surviving family members. These cases operate independently from any criminal prosecution that may arise from the same incident. The burden of proof differs significantly between civil and criminal proceedings. Criminal cases require proof beyond a reasonable doubt, while wrongful death claims require only a preponderance of the evidence—meaning it is more likely than not that the defendant's conduct caused the death.
This lower standard means families can successfully pursue wrongful death claims even when criminal charges were never filed or when a criminal prosecution resulted in acquittal.
Lost a loved one to a wrongful death? We can help
Common Causes of Wrongful Death in Texas
Wrongful death claims arise from numerous circumstances where negligent or intentional conduct leads to fatal injuries. Understanding these common causes helps families recognize when they may have grounds to pursue legal action.
Motor Vehicle Accidents
According to the National Highway Traffic Safety Administration, Texas consistently ranks among states with the highest traffic fatalities. In recent years, Texas has reported over 4,000 annual traffic deaths, with contributing factors including distracted driving, drunk driving, speeding, and failure to obey traffic signals. When negligent drivers cause fatal collisions, surviving family members can pursue wrongful death claims against at-fault parties.
Medical Malpractice
Healthcare providers who fail to meet accepted standards of care can cause patient deaths through misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to treat serious conditions. Medical malpractice wrongful death claims require expert testimony establishing that the healthcare provider's negligence directly caused the patient's death.
Workplace Accidents
Texas leads the nation in workplace fatalities, particularly in construction, oil and gas, agriculture, and manufacturing industries. When employer negligence, safety violations, or third-party conduct causes a worker's death, surviving family members may have wrongful death claims against responsible parties. The Occupational Safety and Health Administration tracks workplace fatalities and enforces safety standards designed to prevent these tragedies.
Defective Products
Manufacturers, distributors, and retailers can be held liable when defective products cause fatal injuries. Product liability wrongful death claims may involve defective vehicles, dangerous pharmaceuticals, malfunctioning medical devices, or hazardous consumer products.
Premises Liability
Property owners who fail to maintain safe conditions or warn visitors of known hazards can face wrongful death claims when dangerous conditions cause fatal injuries. Swimming pool drownings, slip-and-fall accidents, inadequate security leading to criminal attacks, and structural failures all represent potential grounds for premises liability wrongful death claims.
Criminal Acts
When intentional criminal conduct causes death, surviving family members can pursue civil wrongful death claims against perpetrators regardless of criminal prosecution outcomes. Assault, homicide, and other violent crimes can support wrongful death lawsuits seeking compensation for surviving family members.
Who Can File a Wrongful Death Claim in Texas
Texas law strictly limits who may file wrongful death claims. Under Texas Civil Practice and Remedies Code Section 71.004, only the following individuals have standing to pursue wrongful death claims:
Surviving Spouse
Both legally married spouses and common-law spouses recognized under Texas law may file wrongful death claims for the death of their partner.
Surviving Children
Biological children and legally adopted children may file wrongful death claims for the death of a parent. Adult children and minor children both have standing, though the types of damages they can recover may differ based on their age and dependency status.
Surviving Parents
Biological parents and adoptive parents may file wrongful death claims for the death of their child. This includes parents of adult children as well as parents of minor children.
Personal Representative of the Estate
If no surviving spouse, child, or parent files a wrongful death claim within three calendar months of the death, the executor or administrator of the deceased person's estate may file on behalf of eligible beneficiaries. However, if all eligible family members unanimously request in writing that no lawsuit be filed, the personal representative must honor that request.
Who Cannot File
Unlike some states, Texas does not permit siblings, grandparents, aunts, uncles, or other extended family members to file wrongful death claims regardless of their relationship with the deceased or their financial dependency.
How Malone Legal Group
Can Help You With Your Car Accident Case
Case Evaluation: We will carefully assess the details of your accident, evidence, and injuries to determine the strength of your case and advise on the best strategy to pursue.
Gathering Evidence: Our team will gather crucial evidence, including accident reports, witness statements, medical records, and any other relevant documentation to build a robust case.
Negotiation: We will engage in negotiations with insurance companies, at-fault parties, and their legal representatives to secure a fair settlement that compensates you adequately for your losses.
Maximized Compensation: Our goal is to ensure you receive the full compensation you deserve, covering medical expenses, lost wages, pain and suffering, property damage, and more.
Managing Paperwork: We will handle the complex paperwork and legal documentation, ensuring that all deadlines are met and all necessary documents are properly filed.
Communication: Our lawyers will communicate with all relevant parties on your behalf, relieving you of the stress of dealing with insurance adjusters, opposing attorneys, and other involved parties.
Objective Advice: Emotions can run high after an accident. Our attorneys offer an objective perspective, helping you make informed decisions that are in your best interest.
Protection of Rights: Your rights will be safeguarded throughout the process, ensuring that you are not taken advantage of by insurance companies or opposing parties.
Texas law defines wrongful death as a death caused by another party's wrongful act, neglect, carelessness, unskillfulness, or default. This includes deaths resulting from car accidents, medical malpractice, defective products, workplace incidents, premises hazards, and intentional criminal acts where the deceased would have had grounds for a personal injury lawsuit had they survived. The key requirement is establishing that the defendant owed a duty of care to the deceased, breached that duty through negligent or wrongful conduct, and that breach directly caused the death. Texas courts apply a preponderance of the evidence standard, meaning plaintiffs must prove it is more likely than not that the defendant's conduct caused the death.
Texas law requires wrongful death lawsuits to be filed within two years from the date of death under the statute of limitations established in Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline typically bars your family from ever pursuing compensation, making prompt consultation with a wrongful death attorney essential to protecting your legal rights. Certain exceptions may extend this deadline for minor children, mentally incapacitated individuals, or situations where the cause of death was not immediately discoverable. Claims against government entities require notice within six months. Because determining applicable deadlines requires legal analysis of your specific circumstances, consulting an attorney promptly ensures you do not inadvertently forfeit your rights.
Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children (biological or adopted), and parents (biological or adoptive) of the deceased may file wrongful death claims. If these eligible family members do not file within three months of death, the personal representative of the estate may file on their behalf. Texas law does not permit siblings, grandparents, aunts, uncles, or other extended family members to file wrongful death claims regardless of their relationship with the deceased or financial dependency. One eligible family member may file individually or on behalf of all eligible beneficiaries, and any damages recovered are divided among those entitled to compensation.
No, you should never accept an initial settlement offer without consulting an attorney. First offers are typically far below fair value and come before you know the full extent of your injuries and long-term medical needs. Once you accept and sign a release, you cannot recover additional compensation. Insurance adjusters make quick, lowball offers hoping to close claims cheaply before victims understand their rights. Some injuries worsen over time or require ongoing treatment not apparent immediately after the accident. Accepting a premature settlement for $10,000 could prevent you from recovering the $100,000+ your case is truly worth. Our attorneys handle all negotiations and won't recommend settling until we know the full scope of your damages.
Texas wrongful death claims allow recovery of economic damages including lost financial support, lost inheritance, funeral expenses, and medical bills, plus non-economic damages including mental anguish, loss of companionship, and loss of consortium. When death results from gross negligence or intentional misconduct, exemplary damages may also be available to punish the defendant. The specific damages available depend on each family member's relationship to the deceased. Surviving spouses can recover for loss of consortium and marital partnership. Parents can recover for loss of companionship and mental anguish. Children can recover for loss of parental guidance, nurturing, and support. There is no cap on economic damages in most Texas wrongful death cases, though medical malpractice claims have statutory limitations.
