Can I File a Wrongful Death Claim If My Loved One Died in a Texas Car Wreck?


Whether it is due to an auto accident or another incident, losing a loved one unexpectedly is incredibly difficult. Even after a long period of mourning and healing, there are often financial obligations that need to be taken care of. In some cases, the surviving members of the family may be able to file a wrongful death claim in order to receive compensation for their loss.

If your loved one died in a car wreck in Texas, you might be wondering if filing a wrongful death claim is an option for your family. Generally speaking, wrongful death claims are allowed in the state of Texas, as long as certain criteria are met. To determine if you can file a wrongful death claim in your case specifically, it is important to consult with an experienced attorney.

What Is a Wrongful Death Claim?

Any unexpected death can feel like a so-called “wrongful” death. However, Texas defines a wrongful death as a death caused by another party’s wrongful actions, negligent actions, carelessness, unskillfulness, or failure to act. Drunk driving, distracted driving, speeding, failure to yield, reckless driving, and other forms of negligence may lead to a wrongful death case.

Who Can File a Wrongful Death Claim?

Texas law states that wrongful death claims must be brought to court by the executor or administrator of the deceased’s estate. This is typically a spouse, adult child, or parent of the deceased. In certain cases, an independent representative may also be appointed by the court in order to file a claim on behalf of certain family members.

What Is the Purpose of a Wrongful Death Claim?

In the midst of your grief, filing a legal claim may be the last thing on your mind. However, a wrongful death claim may benefit you and your family in several ways. For some, bringing a wrongful death claim against the at-fault party gives them a sense of justice and closure. A wrongful death claim may also allow for the recovery of damages, including compensation for:

  • Medical bills associated with the deceased person’s injury, illness, or hospitalization
  • Lost wages the deceased person would have earned
  • Pain and suffering of the deceased before their death
  • Loss of companionship or loss of care
  • Funeral and burial expenses

If you have lost a loved one in an auto accident, it is important to understand your legal rights and options. An experienced wrongful death attorney can provide you with further guidance on filing a claim and help ensure that the process is handled properly.

Contact Our Nueces County Wrongful Death Lawyers

At The Edwards Law Firm, we know that losing a loved one is extremely painful. We are here to help you understand your legal options and take the next steps. Call our Corpus Christi wrongful death attorneys at 361-320-6752 for a free consultation.


Note: The accident news posts provided on The Edwards Law Firm website are intended for informational purposes only. These posts are created using secondary sources and may not always reflect the most current or accurate information regarding accidents or legal matters. If you find any information in these posts to be inaccurate, please contact our firm so that we can correct it as soon as possible. We are committed to providing accurate and up-to-date information, and we will promptly address any discrepancies brought to our attention. Additionally, we will remove a post upon request.

Disclaimer: This post is not a business solicitation. It's important to note that these posts do not constitute legal advice or establish an attorney-client relationship. Individual cases vary, and legal outcomes depend on specific circumstances. For personalized legal advice, please contact The Edwards Law Firm directly. By accessing our accident news posts, you acknowledge and agree to the terms of this disclaimer.

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