Wrongful Death Lawyer | Varghese Summersett

A wrongful death occurs in Texas when someone dies due to another party’s negligence, carelessness, or wrongful act. Under Chapter 71 of the Texas Civil Practice and Remedies Code, surviving family members can file a civil lawsuit against the responsible party to recover compensation for their losses. If your loved one died because of someone else’s actions, a Texas wrongful death lawyer at Varghese Summersett can help you understand your legal options and fight for the justice your family deserves.

Losing a family member is devastating. The grief, confusion, and anger can feel overwhelming. You may be entitled to monetary damages for medical and funeral expenses, lost wages and benefits, and pain and suffering. Our experienced Texas wrongful death lawyers will handle every aspect of your case so you can focus on what matters most: taking care of yourself and your family. We have offices in Fort Worth, Dallas, Houston, and Southlake to serve families across the state.

What Causes Wrongful Death Claims in Texas?

Wrongful death cases generally fall into three categories: negligence-based accidents, medical malpractice, and intentional acts. The most common causes of wrongful death claims our Texas wrongful death lawyers handle include:

• Traffic fatalities from drunk driving or distracted driving
• 18-wheeler and commercial truck accidents
• Motorcycle or bicycle fatalities
• Pedestrian accidents
• Boating, train, and plane accidents
• Workplace and construction site fatalities
• Doctor or hospital malpractice
• Jail or prison deaths
• Defective product deaths

What’s the Difference Between a Wrongful Death Lawsuit and a Personal Injury Lawsuit?

Wrongful death and personal injury lawsuits are similar, with one major difference: in a wrongful death case, the victim has died. A personal injury lawsuit is filed by an accident victim against the party who caused their injuries. A wrongful death lawsuit is filed by surviving family members after their loved one’s death.

In both types of cases, the plaintiff must prove that the defendant’s negligence, carelessness, or wrongful act caused the accident and resulting injuries or death. A Texas wrongful death lawyer can evaluate your situation and explain which type of claim applies to your circumstances.

How Do You Prove Negligence in a Texas Wrongful Death Case?

Negligence is the basis for most wrongful death claims in Texas. Negligence occurs when a person or entity fails to exercise the level of care that a reasonable person would under similar circumstances. To win a wrongful death case, your attorney must prove four elements:

Duty: The defendant owed a legal duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely.

Breach: The defendant breached this duty through some negligent act or omission. For example, a driver was texting while driving.

Causation: The breach directly caused the victim’s death. For example, the distracted driver caused a collision that killed the victim.

Damages: The surviving family members suffered quantifiable damages. This includes funeral expenses, lost wages, and emotional suffering.

Understanding negligence in wrongful death cases can be complex. Our attorneys have the experience to investigate your case, gather evidence, and build a strong claim on your behalf.

Who Can File a Wrongful Death Lawsuit in Texas?

Under Section 71.004 of Texas’ Wrongful Death Statute, only certain family members can file a wrongful death lawsuit: the surviving spouse, children, or parents of the deceased. These parties can file individually or together. If no family member files a lawsuit within three months, the personal executor or administrator of the estate may file unless the family has specifically instructed them not to.

Siblings cannot bring a wrongful death action under Texas law. Learn more about who can file a wrongful death suit in Texas.

Watch: Who Can Bring a Wrongful Death Claim?

What Damages Can Survivors Recover in a Texas Wrongful Death Suit?

Texas law allows two types of compensatory damages in wrongful death cases: economic damages and non-economic damages.

Economic damages compensate for actual financial losses, including funeral and burial expenses, medical bills from the victim’s final injury, lost earning capacity (the income the deceased would have earned), and loss of inheritance.

Non-economic damages compensate for intangible losses, including mental anguish (the emotional pain and suffering caused by the death), loss of companionship and society (the love, comfort, and guidance the family has lost), and loss of parental guidance for minor children.

The amount of compensation depends on several factors, including the victim’s age, income, and the severity of the negligence involved. At Varghese Summersett, our attorneys work diligently to maximize compensation for your family’s loss. If you’re struggling after losing someone, don’t face this alone. Talk to a Texas wrongful death lawyer today.

Can Punitive Damages Be Awarded in a Texas Wrongful Death Case?

Yes, punitive damages may be available if the death was caused by willful misconduct or gross negligence. Unlike compensatory damages, punitive damages are designed to punish the defendant and deter similar conduct in the future. Juries typically award punitive damages in particularly egregious cases, such as deaths caused by drunk drivers or companies that knowingly put dangerous products on the market.

Is There a Cap on Wrongful Death Damages in Texas?

It depends on the type of case. Medical malpractice cases and cases involving government entities have statutory caps on damages. Most other wrongful death cases do not have caps. A Texas wrongful death lawyer at our firm can explain what damages are available in your specific situation and whether any limitations apply.

How Is Compensation Divided Among Family Members?

If the case goes to trial, the jury decides how to divide damages among surviving family members. Generally, the largest portions go to the surviving spouse, minor children who lost a parent, and parents who lost a minor child.

If the case settles out of court, the adult beneficiaries decide how to divide the proceeds. If they cannot agree, attorneys can help fairly distribute the award based on how juries have divided compensation in similar cases.

What’s the Difference Between a Wrongful Death Lawsuit and a Survival Action?

These are two different types of legal claims that can arise from the same death. In a wrongful death suit, damages go directly to surviving family members for their losses. In a survival action, damages go to the deceased’s estate.

A survival action, governed by Section 71.021 of the Texas Civil Practice & Remedies Code, allows survivors to sue for the pain and suffering the deceased experienced after the accident but before death. Think of it as the victim’s personal injury claim that continues after their death.

In some cases, both claims can be pursued. Understanding the difference between these legal options is complex. A Texas wrongful death lawyer can explain which claims apply to your situation.

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Under Texas law, you have two years from the date of death to file a wrongful death lawsuit. If you miss this deadline, you lose your legal right to bring a claim. The sooner you contact a Texas wrongful death lawyer, the better your chances of preserving evidence and building a strong case.

How Much Does a Texas Wrongful Death Lawyer Cost?

When a loved one dies because of someone else’s negligence, the last thing you want to worry about is attorney fees. At Varghese Summersett, we work on a contingency basis. This means we don’t get paid unless you get paid.

If we win your case, we collect a percentage of the settlement or verdict. If we are not successful, you owe us nothing. This arrangement gives us a strong incentive to get the best possible result because our success is directly tied to yours.

How Long Does a Texas Wrongful Death Case Take?

The timeline depends on the complexity of the case, the number of defendants, and whether the case goes to trial. Most wrongful death cases take one to two years to resolve. After a case is settled or a verdict is reached, compensation is typically received within six to eight weeks.

Why Families Choose Varghese Summersett

When you’re grieving the loss of a loved one, you need attorneys who combine legal expertise with genuine compassion. Our Texas wrongful death lawyers bring decades of combined experience, a deep understanding of Texas personal injury law, and a commitment to fighting for families during their most difficult times.

We handle every aspect of your case from start to finish. This includes investigating the accident, gathering evidence, interviewing witnesses, filing the lawsuit, negotiating with insurance companies, and taking your case to trial if necessary. You focus on your family. We handle the legal battle.

Our firm has more than 70 team members and four offices across Texas in Fort Worth, Dallas, Houston, and Southlake. We have the resources to take on large corporations, insurance companies, and anyone else responsible for your loved one’s death. Find out what your case is worth by scheduling a free consultation today.

What Should You Do If You Think You Have a Wrongful Death Case?

If you believe your loved one’s death was caused by someone else’s negligence, take these steps:

1. Contact an experienced Texas wrongful death lawyer. The sooner you reach out, the sooner we can investigate and preserve evidence.
2. Gather documents. Collect any information you have about the accident, medical bills, funeral expenses, and your loved one’s income.
3. Cooperate with your attorney. Provide your lawyer with all the information they need to build a strong case.
4. Be patient. These cases take time, but the result can help you move forward with your life.

Frequently Asked Questions About Wrongful Death in Texas

Did Your Loved One Die Needlessly? Talk to a Texas Wrongful Death Lawyer Today.

If you lost a family member due to someone else’s negligence, you don’t have to face this alone. Our Texas wrongful death lawyers have helped families throughout the state hold negligent parties accountable and recover the compensation they deserve.

Call us at (817) 203-2220 for a free consultation. We can’t bring back your loved one, but we can help make your life easier and fight for the justice your family deserves.