Top Wrongful Death Case FAQs
What is a wrongful death case?
A wrongful death case arises when a person dies because of someone else’s negligence, recklessness, or misconduct. Common causes include truck crashes, oilfield and refinery explosions, industrial accidents, and defective products. A wrongful death lawsuit allows surviving family members to seek justice and financial compensation for their loss.
Who can file a wrongful death lawsuit in Texas?
Under Texas law, the spouse, children, and parents of the deceased have the right to file a wrongful death claim. In certain circumstances, the personal representative of the estate can file a survival claim on behalf of the decedent’s estate.
What damages can be recovered in a wrongful death case?
Compensation may include:
- Funeral and burial expenses
- Loss of the deceased’s income and benefits
- Loss of companionship, comfort, and guidance
- Emotional pain and suffering
- Loss of inheritance the family would have received
In cases of gross negligence or reckless behavior, the court may also award punitive damages to punish the wrongdoer.
What is a “survival claim” and how is it different from a wrongful death claim?
A wrongful death claim compensates the surviving family for their personal losses.
A survival claim compensates the deceased person’s estate for the pain, suffering, and medical expenses they endured before death.
Most catastrophic cases involve both claims, and they are often filed together.
What types of accidents commonly lead to wrongful death lawsuits?
- 18-wheeler and commercial vehicle crashes
- Oilfield and refinery explosions
- Chemical releases or toxic exposure
- Industrial and construction accidents
- Defective machinery or unsafe premises
- Maritime and offshore incidents
Greenberg Streich Injury Lawyers regularly represents families across Texas who have lost loved ones in catastrophic and preventable tragedies.
How long do I have to file a wrongful death lawsuit in Texas?
In most cases, the statute of limitations is two years from the date of death. However, certain situations, such as cases involving minors or government entities, may have shorter or extended deadlines. It is important to contact a Texas wrongful death lawyer as soon as possible to protect your rights.
What must be proven to win a wrongful death case?
To succeed, your attorney must prove that:
- The defendant acted negligently or wrongfully.
- That conduct caused the death.
- The surviving family suffered measurable damages as a result.
Our team works with investigators, experts, and witnesses to establish every element of liability and damages.
What if criminal charges were also filed?
A civil wrongful death lawsuit is separate from a criminal case. Even if the defendant faces criminal charges, the family can still file a civil lawsuit for financial compensation. The burden of proof is lower in civil court, meaning you may win a wrongful death case even if there is no criminal conviction.
How much is a wrongful death case worth?
The value depends on the circumstances of the death, the degree of negligence, and the financial and emotional impact on the family. Catastrophic cases involving young victims or major wage earners can result in large recoveries. Every case is unique, and our firm carefully documents the full scope of your losses.
How long does a wrongful death case take to resolve?
Some cases settle in months, while others take years if litigation or trial is required. The timeline depends on the complexity of the case, the number of defendants, and whether the defendants accept responsibility. Our firm keeps clients informed at every stage and moves aggressively to reach resolution as quickly as possible.
How much does it cost to hire a wrongful death lawyer?
There are no upfront costs. Greenberg Streich Injury Lawyers handles wrongful death cases on a contingency-fee basis, meaning we only get paid if we win your case. Families owe nothing unless we recover compensation.
Why choose Greenberg Streich Injury Lawyers for a wrongful death case?
We have represented families in some of the largest catastrophic injury and death cases in Texas, including truck crashes, refinery explosions, and industrial disasters. We know how to confront powerful corporations and their insurers. Our trademarked litigation approach exposes negligence, applies relentless pressure, and delivers results that honor the lives lost.
What is the first step in filing a wrongful death claim?
Call 832-583-3471 or email [email protected] to schedule a free consultation. We will review your case, explain your rights, and help you take the first step toward justice for your loved one.
