Losing a loved one in an unexpected accident can leave a lasting void. When someone else’s careless or reckless actions cause that loss, families often want answers, accountability, and justice. Many wonder how to hold the responsible party legally accountable and recover financial support to ease the burden.
Learning how to prove negligence in a Texas wrongful death lawsuit helps families understand what must be shown in court to make that possible. Having experienced legal representation can make a meaningful difference in building a strong case and ensuring the responsible party is held liable.
A Texas wrongful death attorney can review your situation and explain your options during a free consultation. They can help gather evidence and pursue a claim designed to hold the negligent individual, business, or organization accountable.
Key Takeaways: Proving Negligence in a Texas Wrongful Death Case
- Families must prove four elements of negligence: duty, breach, causation, and damages.
- Under Texas law, a surviving spouse, children, or parents can file a wrongful death lawsuit.
- Texas gives families two years from the date of death to file a wrongful death claim.
- Recoverable damages may include lost financial support, companionship, and funeral expenses.
- Preserving evidence quickly after a fatal accident can strengthen a claim and prevent disputes later.
What Is a Wrongful Death Claim in Texas?
Texas Civil Practice and Remedies Code §71.002 establishes the right to bring a wrongful death claim when an injury results in death due to another person’s wrongful act, neglect, carelessness, or unskillfulness. The purpose is to shift the financial burden of the loss from the victim’s family to the party who caused it.
Who Can File a Wrongful Death Lawsuit in Texas
Only specific relatives can bring a wrongful death claim in Texas:
- Spouse: The surviving husband or wife can file individually or with other eligible family members.
- Children: Both adult and minor children may file.
- Parents: Either or both parents may file if no spouse or children bring the claim.
If these family members do not file within three months, the personal representative of the deceased person’s estate may do so unless the family requests otherwise.
Difference Between Wrongful Death and Survival Actions
Texas law recognizes two distinct but related actions:
- Wrongful death claim: Filed by surviving family members to recover for their personal losses.
- Survival action: Filed by the estate to recover damages the deceased could have pursued had they lived, such as pain and suffering or medical costs before death.
Both claims can proceed at the same time and often rely on similar evidence.
What Are the Four Elements of Negligence in Texas?
To prove negligence in any Texas wrongful death case, families must establish four legal elements. Each element builds on the next.
- Duty of Care: The defendant owed a legal duty to act in a way that would avoid harming others.
- Breach of Duty: The defendant failed to meet that duty by acting carelessly or recklessly.
- Causation: The breach directly caused the death.
- Damages: The survivors suffered measurable losses, including emotional harm and financial setbacks.
Each of these elements must be supported by credible evidence for a wrongful death claim to succeed.
How Do You Prove Duty of Care in a Wrongful Death Case?
Duty of care means a person or business must act reasonably to prevent harm to others. The law defines this duty differently depending on the circumstances.
Establishing the Defendant's Legal Obligation
Attorneys must first identify whether the defendant owed a legal duty to the victim. This depends on the relationship between them and the context of the fatal event. For instance, a driver must obey traffic laws, and a property owner must keep premises reasonably safe for guests.
Common Examples of Duty of Care in Texas Cases
- Motorists: Must drive safely, obey traffic signs, and avoid distractions.
- Employers: Must maintain safe working environments and provide necessary protective equipment.
- Property owners: Must fix known hazards or warn guests of potential dangers.
- Manufacturers: Must produce and sell products free from design or manufacturing defects.
Special Duty Considerations for Different Defendants
Some defendants owe heightened duties because of their profession or position, such as medical providers, trucking companies, or nursing facilities. These cases often require evidence that industry standards were violated.
What Evidence Shows a Breach of Duty?
After establishing a duty of care, a wrongful death claim must demonstrate how that duty was violated.
Witness Testimony and Statements
Witnesses can describe what they saw before, during, or after the fatal event. Their observations often help confirm negligent conduct.
Accident Reports and Official Documentation
Police reports, OSHA investigations, or coroner findings can identify violations of laws or safety standards.
Expert Witness Testimony
Professionals such as accident reconstructionists or medical specialists can clarify how actions deviated from accepted norms. They explain technical issues in terms a jury can understand.
Photographs and Video Evidence
Images from security cameras, dashcams, or cell phones can reveal key moments that prove fault.
Employment Records and Training Documentation
When negligence occurs in a workplace or commercial setting, employee training logs or safety policies may show whether a company failed to meet its obligations.
How Do You Establish Causation in Texas Wrongful Death Claims?
Causation connects the breach of duty to the death itself. Without this link, even clear negligence may not result in liability.
Proximate Cause Under Texas Law
Proximate cause combines two ideas: cause-in-fact and foreseeability. The defendant’s conduct must have been a substantial factor in bringing about the death, and the harm must have been foreseeable.
But-For Causation Standard
Lawyers often use the but-for test. That means but for the defendant’s conduct, the death wouldn’t have occurred. This straightforward approach helps juries evaluate cause and effect.
Breaking the Chain of Causation
If another event or person’s actions interrupt the chain between the defendant’s negligence and the death, the defense may argue that liability shouldn’t apply. Plaintiffs must show the original negligent act remained a substantial cause.
Multiple Defendants and Shared Liability
In some cases, several parties share blame. Texas applies proportionate responsibility, meaning each defendant is liable for their share of fault. For example, both a truck driver and their employer might share responsibility for a crash on Interstate 35.
What Damages Can Be Recovered in a Texas Wrongful Death Lawsuit?
Damages in wrongful death cases compensate the surviving family for measurable losses and the non-financial impact of the death.
Economic Damages
Economic damages include:
- Lost earning capacity: Income the deceased would have provided.
- Medical expenses: Costs related to treatment before death.
- Funeral and burial costs: Expenses directly tied to final arrangements.
Non-Economic Damages
Non-economic damages recognize intangible losses:
- Loss of companionship and comfort: The absence of love, care, and guidance once provided by the deceased.
- Mental anguish: Emotional suffering experienced by close relatives.
Punitive Damages Under Texas Civil Practice and Remedies Code
If the conduct involved gross negligence or willful wrongdoing, a court may award punitive damages to penalize the defendant and discourage similar actions in the future. These are less common but carry a strong message of accountability.
What Is the Statute of Limitations for Texas Wrongful Death Claims?
Families generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline can prevent recovery entirely, regardless of the claim’s strength.
Discovery Rule Exceptions
In rare cases, the two-year limit starts when the family discovers, or should have discovered, that negligence caused the death. This applies mainly when the cause isn’t immediately clear, such as in product defect or medical cases.
Tolling for Minors and Legal Incapacity
If the claimant is a minor or legally incapacitated, the statute of limitations may pause until they reach adulthood or regain capacity.
Common Challenges in Proving Negligence
Even strong cases can face obstacles when proving negligence. Several factors can make gathering or presenting evidence more difficult.
Comparative Negligence in Texas
Texas follows a modified comparative fault rule. If the deceased was partly at fault, the recoverable damages decrease by their percentage of responsibility. If that share exceeds 50 percent, the family cannot recover damages.
Lack of Direct Evidence
Some cases lack eyewitnesses or video proof. Lawyers may rely on circumstantial evidence or reconstruction experts to fill gaps in the timeline.
Insurance Company Tactics
Insurers sometimes attempt to shift blame, minimize the severity of damages, or delay settlement. Persistent advocacy helps prevent these tactics from reducing a valid claim’s value.
Conflicting Expert Opinions
When both sides present experts, the credibility of each witness can affect the outcome. Detailed documentation and consistent testimony strengthen a plaintiff’s position.
Types of Wrongful Death Cases in Texas
Wrongful death cases can arise from many different situations throughout Dallas and surrounding communities.
Motor Vehicle Accidents
Car, truck, and motorcycle crashes often involve distracted or impaired driving. A fatal accident on Central Expressway, for instance, could lead to a claim against a negligent driver or commercial carrier.
Construction Accidents and Unsafe Work Conditions
Employees in construction or manufacturing jobs face risks from falls, defective equipment, or unsafe practices. Employers must comply with state and federal safety regulations.
Premises Liability
When property owners ignore dangerous conditions, fatal slips, falls, or structural failures can occur. An accident at a poorly maintained apartment complex in Oak Lawn might qualify as a premises liability claim.
Defective Products
Manufacturers and distributors may be liable for unsafe products that cause fatal injuries, such as defective tires, machinery, or medical devices.
How Our Attorneys Can Help
Proving negligence in a wrongful death case requires evidence, legal strategy, and dedication to a family’s pursuit of justice. At DFW Injury Lawyers, we take that responsibility seriously and support families every step of the way.
Thorough Investigation and Evidence Gathering
We collect police reports, witness statements, and physical evidence to establish how the event occurred and who bears responsibility.
Expert Witness Coordination
Our team works with qualified professionals who can analyze accidents, medical records, or workplace practices to explain complex issues clearly.
Negotiation with Insurance Companies
We hold insurers accountable when they undervalue or delay valid claims, pushing for settlements that reflect the full impact of the loss.
Trial Representation and Litigation Experience
When an insurer refuses to act responsibly, we prepare cases for trial and present compelling arguments before judges and juries.
Compassionate Support During a Difficult Time
We recognize the emotional weight of wrongful death cases and provide compassionate communication throughout the process. Families never have to feel left in the dark about their case.
Frequently Asked Questions About Texas Wrongful Death Claims
Can I file a wrongful death claim if my loved one was partially at fault?
Yes, but the amount recovered decreases by the percentage of fault assigned to your loved one. If that percentage exceeds 50 percent, the court won’t allow recovery.
What happens if the at-fault party doesn't have insurance?
A claim can still proceed against the individual, their employer, or another responsible entity. Other potential sources of recovery may include uninsured motorist coverage or third-party claims.
How long does a wrongful death lawsuit typically take in Texas?
The timeline depends on the case’s complexity, the number of parties involved, and how quickly the defendant or insurer cooperates. No two cases are alike, and it’s challenging to determine exactly how long your case will take.
Can I still file a claim if there was a criminal case against the defendant?
Yes. A civil wrongful death case is separate from a criminal trial. Even if a criminal case ends in acquittal, a civil jury can still find the defendant liable under a lower standard of proof.
What if multiple family members want to file a wrongful death claim?
Eligible family members can join in a single claim. If disagreements arise, the court will determine how any recovery is divided according to Texas law.
Our Texas Wrongful Death Attorneys Can Help
Wrongful death cases require prompt attention to preserve evidence, interview witnesses, and protect your right to file. DFW Injury Lawyers handles wrongful death claims throughout Dallas and the surrounding area with commitment and care.
Our attorneys pursue accountability from those whose negligence causes preventable deaths. Families who work with our team receive clear communication, dedicated advocacy, and compassionate guidance throughout the legal process.
Contact DFW Injury Lawyers today for a free, no-obligation consultation to discuss your case and learn how a Texas personal injury lawyer can help you move forward.
Kevin L. Edwards
Founder
Attorney Kevin Edwards is a co-founder of DFW Injury lawyers. Over the last 15 years, Mr. Edwards has dedicated his practice to helping those who have been injured or harmed by the negligence, malfeasance, and/or recklessness of others.
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