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.  

Anyone who suffered the sudden death of a close relative knows just how devastating it can be. Losing a loved one is exceptionally tragic when the death was preventable. If your spouse, parent, child, or other family member died in a truck collision, you may be shocked and unsure of what to do.

Texas law allows immediate family members to sue when another party’s negligent or wrongful actions causes the death of their loved one. A truck crash wrongful death lawsuit cannot bring back your loved one, but it may provide the financial compensation you need while holding the at-fault party accountable for the terrible tragedy.

Truck Accident Wrongful Death Cases in Texas

The term “wrongful death” refers to a death caused by reckless conduct, neglect, unlawful actions, or negligent failure to act. Wrongful death lawsuits are similar to personal injury lawsuits, but they are brought on the deceased person’s behalf by another individual. In Texas, a surviving spouse, parent, or child may bring a wrongful death claim. If there are no immediate family members, the executor of the deceased person’s estate may file a wrongful death claim.

You may think that any unexpected death can qualify as wrongful death in the eyes of the law. Unfortunately, that's not actually the case.

According to Texas Statutes §71.001, you may file suit for wrongful death if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one person or entity causes someone's death.

Filing a Claim for Wrongful Death in Texas

Who Can File

The only ones who may file a claim for wrongful death in Texas are the following people related to the decedent:

Losing a loved one as a result of another person or entity's negligence is a painful experience to endure. Not only must you grieve the loss of your family member, but you must also come to terms with the fact that someone else's carelessness caused the death.

While no amount of money can make up for losing your loved one, recovering compensation can help you pay for the costs associated with the death and can help you feel as if some justice has been served for your family member.

There are two types of damages you can recover in a Texas wrongful death case: