When someone dies because of another person’s or company’s negligence, the surviving family has the right to seek justice and financial accountability through a wrongful death claim. These cases arise from fatal car accidents, medical errors, dangerous products, workplace incidents, and other preventable tragedies. The loss is permanent — and the legal system recognizes that the responsible parties must answer for it.
Key Trial Lawyers represents families across Texas who have lost a loved one due to someone else’s carelessness, recklessness, or intentional conduct. We are a personal injury law firm that prepares every wrongful death case for trial, because that is where leverage comes from. Insurance companies and corporations take claims seriously when they know the legal team on the other side is willing and able to present the case to a jury.
Texas wrongful death law provides specific legal rights to surviving spouses, children, and parents. These claims are separate from criminal proceedings and carry a different burden of proof. A wrongful death lawsuit focuses on proving negligence and establishing the full scope of the family’s losses — financial, emotional, and relational.
If your family is dealing with the aftermath of a preventable death, you need attorneys who will investigate thoroughly, build the case methodically, and fight for the compensation your family is owed. Contact us today for a free consultation with a Texas wrongful death attorney. You pay nothing unless we win.
Table of Contents
- Why Clients Choose Our Firm
- Types of Wrongful Death Cases We Handle
- Damages Commonly Claimed in Wrongful Death Cases
- What to Do After a Wrongful Death
- How We Build a Wrongful Death Case
- Compensation in Texas Wrongful Death Claims
- Who Can Be Held Responsible
- Texas Wrongful Death Law Overview
- Serving Clients Across Texas
- Contingency Fee — No Upfront Cost
- Frequently Asked Questions
Why Clients Choose Our Firm
Wrongful death cases carry enormous stakes for the surviving family. The attorney you choose determines whether the full value of the claim is pursued or whether the case settles for less than it is worth. Here is what sets our approach apart.
Trial-Focused Wrongful Death Representation
We do not treat wrongful death cases as files to settle quickly. Every case is built with the assumption that it will go to trial. That preparation gives our clients a stronger negotiating position and produces better outcomes — whether the case resolves before trial or goes to a jury. Insurance carriers and corporate defendants track which firms actually try cases. When we send a demand, it carries weight because the other side knows we will follow through.
Thorough Investigation From Day One
Wrongful death cases require immediate and detailed investigation. We work with accident reconstructionists, medical experts, forensic specialists, and economists to establish exactly what happened, who is responsible, and what the family’s losses amount to. Evidence is preserved, witnesses are identified, and a clear liability picture is constructed early — before the defense has an opportunity to alter or destroy critical information.
Direct Communication With Your Legal Team
Families dealing with the death of a loved one need straightforward answers, not voicemail. Our wrongful death attorneys communicate directly with clients throughout the process. You will know what is happening in your case, what the next steps are, and what to expect at every stage. When you call our office, you reach the attorneys working on your case.
Types of Wrongful Death Cases We Handle
Wrongful death claims arise from many different types of fatal incidents. The legal theories, evidence requirements, and liable parties vary depending on how the death occurred. Here are the most common types of wrongful death cases our attorneys handle across Texas.
Fatal Motor Vehicle Accidents
Car crashes, truck collisions, motorcycle wrecks, and pedestrian accidents are among the leading causes of wrongful death in Texas. When a driver’s negligence, impairment, or recklessness causes a fatal crash, the responsible party and their insurer can be held accountable. Trucking companies that fail to maintain vehicles or enforce hours-of-service regulations face additional liability when their drivers cause fatal collisions.
Medical Malpractice Deaths
Surgical errors, misdiagnosis, delayed treatment, medication mistakes, and hospital-acquired infections can all result in preventable deaths. Medical malpractice wrongful death cases require expert testimony and a detailed review of the medical records to establish the standard of care violation that caused or contributed to the patient’s death.
Workplace Fatalities
Construction site accidents, industrial equipment failures, chemical exposures, and falls are leading causes of workplace deaths in Texas. While workers’ compensation may apply in some cases, third-party wrongful death claims against equipment manufacturers, property owners, or subcontractors are often available and allow the family to pursue full compensation beyond what workers’ comp provides.
Defective Product Deaths
When a consumer product, vehicle component, medical device, or pharmaceutical causes a fatal injury, the manufacturer, distributor, or retailer may be liable under Texas product liability law. These cases often involve complex engineering and scientific evidence and require expert analysis to establish the design or manufacturing defect that made the product unreasonably dangerous.
Premises Liability Deaths
Property owners who fail to maintain safe conditions can be held responsible when that negligence leads to a fatal injury. Drownings, falls, electrocutions, and structural collapses on poorly maintained properties are examples of premises-related wrongful death claims. Negligent security cases — where inadequate security on a property leads to a fatal assault — also fall into this category.
Criminal Acts and Intentional Conduct
When an intentional act of violence results in death, the surviving family may pursue a civil wrongful death lawsuit regardless of whether criminal charges are filed or result in a conviction. The civil standard of proof is lower than the criminal standard, meaning accountability is possible even when criminal prosecution falls short. Third parties such as property owners or employers who failed to prevent the foreseeable violence may also be liable.
Damages Commonly Claimed in Wrongful Death Cases
Wrongful death claims in Texas allow surviving family members to recover compensation for a range of losses connected to the death. These damages are not limited to medical bills and funeral costs. They extend to the full impact the death has on the family’s financial stability, daily life, and emotional wellbeing.
- Loss of financial support the deceased would have provided over their expected lifetime
- Loss of companionship, love, and comfort experienced by the surviving spouse, children, or parents
- Loss of guidance and nurturing that minor children would have received
- Loss of household services the deceased contributed to the family
- Mental anguish and emotional suffering of surviving family members
- Medical expenses incurred before the death
- Funeral and burial costs
- Punitive damages in cases involving gross negligence or intentional misconduct
Each wrongful death case involves different facts, and the value of the claim depends on the specific circumstances — the age and earning capacity of the deceased, the family structure, the nature of the relationship, and the egregiousness of the defendant’s conduct.
What to Do After a Wrongful Death
The period following a loved one’s death is overwhelming. While grief takes priority, certain steps can protect the family’s legal rights and strengthen a potential wrongful death claim.
Preserve all evidence. Do not dispose of any physical evidence related to the incident. Photographs, clothing, vehicle parts, medical records, and workplace documents may all be relevant to establishing liability.
Request official reports. Obtain the police report, autopsy report, and any workplace incident reports. These documents establish the factual foundation of the wrongful death claim.
Do not give recorded statements to insurance companies. Adjusters may contact the family quickly after a fatal accident. They are not working in your interest. Any statement you provide can be used to minimize or deny the claim.
Document financial losses. Begin collecting records of the deceased’s income, benefits, tax returns, and any expenses the family has incurred as a result of the death.
Contact a wrongful death attorney promptly. Texas has a two-year statute of limitations on wrongful death claims. Acting quickly preserves evidence, protects the family’s right to file, and ensures that critical information is not lost or destroyed.
How We Build a Wrongful Death Case
Wrongful death cases demand detailed preparation. The stakes are high, and the defense will fight hard to minimize or deny liability. Here is how our firm approaches every wrongful death case.
Independent investigation. We do not rely solely on police reports or employer accounts. Our team conducts its own investigation to identify all responsible parties, preserve evidence, and uncover facts that may not appear in initial reports. We retain accident reconstruction specialists, forensic engineers, and other experts who can establish exactly how the fatal incident occurred.
Expert retention. We engage medical professionals, economists, vocational experts, and life care planners to establish liability and calculate the full value of the claim. These experts provide testimony that strengthens the case during negotiations and at trial.
Comprehensive damage analysis. We work with financial experts to project the deceased’s lifetime earning capacity, the value of lost household services, and the economic impact on the surviving family. Non-economic damages — including mental anguish and loss of companionship — are documented through depositions, psychological evaluations, and family testimony.
Litigation preparation. Every wrongful death case in our office is prepared for trial. Depositions are taken, motions are filed, and the case is built to withstand scrutiny in the courtroom. This level of preparation is what drives fair settlement offers and produces favorable jury verdicts when settlement is not possible.
Compensation in Texas Wrongful Death Claims
Texas law allows eligible family members to pursue both economic and non-economic damages in a wrongful death action. The compensation is designed to address the tangible and intangible losses caused by the death.
Economic damages cover the financial impact of the loss: the income the deceased would have earned, the benefits they provided, medical expenses incurred before death, and funeral and burial costs. For families that depended on the deceased’s income, these damages can be substantial and are calculated based on the person’s age, health, earning history, and projected career trajectory.
Non-economic damages address the personal and emotional impact: the loss of the relationship, the grief and mental anguish suffered by surviving family members, the loss of care, guidance, and companionship, and the loss of consortium for the surviving spouse.
In cases where the defendant’s conduct was particularly egregious — such as drunk driving, knowingly dangerous products, or intentional harm — punitive damages (called exemplary damages in Texas) may also be awarded. These damages are intended to punish the wrongdoer and deter similar conduct.
The total value of a wrongful death claim depends on the specific facts. There is no standard formula. Each claim is evaluated based on the deceased’s circumstances, the family’s losses, and the defendant’s degree of fault.
Who Can Be Held Responsible for a Wrongful Death
Wrongful death claims in Texas can be brought against any party whose negligence, recklessness, or intentional act caused the death. Depending on the circumstances, responsible parties may include:
- Individual drivers who caused a fatal traffic accident through negligence or impairment
- Trucking companies that failed to maintain vehicles or enforce safety regulations
- Doctors, nurses, and hospitals that provided substandard medical care resulting in death
- Employers and contractors who violated workplace safety standards
- Product manufacturers and distributors that placed defective or dangerous products into the market
- Property owners who failed to address known hazards on their premises
- Government entities in limited circumstances where government negligence caused the death
Texas law allows wrongful death claims against multiple defendants. If more than one party contributed to the death, each can be held proportionally liable under Texas’s modified comparative fault rules. Identifying every responsible party expands the available insurance coverage and increases the total compensation the family can recover.
Texas Wrongful Death Law Overview
The Texas Wrongful Death Act, codified in Chapter 71 of the Texas Civil Practice and Remedies Code, governs wrongful death claims in the state. Understanding the key provisions of this law is essential for any family considering a claim.
Who can file. A wrongful death claim may be brought by the surviving spouse, children, or parents of the deceased. If none of these individuals file within three months of the death, the personal representative of the estate may file on their behalf.
Statute of limitations. The claim must be filed within two years of the date of death. Missing this deadline generally bars the family from recovering any compensation, regardless of how strong the case may be.
Survival action. In addition to the wrongful death claim, Texas law allows a survival action, which recovers damages the deceased person would have been entitled to had they survived — including pain and suffering experienced before death, medical expenses, and lost wages from the date of injury to the date of death.
Burden of proof. The plaintiff must prove by a preponderance of the evidence that the defendant’s negligence or wrongful act caused the death. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases.
Comparative fault. Texas follows a modified comparative fault rule. If the deceased is found to be more than 50 percent at fault for the incident that caused their death, the surviving family members are barred from recovery. If the deceased is 50 percent or less at fault, the recovery is reduced by their percentage of fault.
Serving Clients Across Texas
Key Trial Lawyers represents wrongful death clients throughout the state of Texas. Our attorneys handle cases originating in Austin, Buda, Bastrop, New Braunfels, and communities across the state. We travel to where the case requires us to be and file in the jurisdiction that best serves our client’s interests.
Fatal accidents happen on Texas highways, in hospitals across the state, on construction sites in every major city, and in residential properties in both urban and rural communities. Wherever the incident occurred, our legal team is prepared to investigate, build the case, and pursue full accountability on behalf of the surviving family.
Contingency Fee — No Upfront Cost
We handle all wrongful death cases on a contingency fee basis. The family pays no attorney fees unless we recover compensation. There are no hourly charges, no retainer fees, and no upfront costs of any kind.
This fee structure ensures that families can access experienced trial representation regardless of their current financial situation. The costs of investigation, expert retention, and litigation are advanced by our firm and recovered only if the case is successful. During your free consultation, we explain the fee arrangement in full so there are no surprises.
If you have lost a loved one due to someone else’s negligence, contact Key Trial Lawyers for a free consultation. We will review the facts of your case, explain your legal options, and take action to hold the responsible parties accountable.
Frequently Asked Questions About Wrongful Death in Texas
Who is eligible to file a wrongful death lawsuit in Texas?
Under Texas law, the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death claim. If none of these family members file within three months of the death, the personal representative of the deceased’s estate may file on their behalf. Siblings, grandparents, and other extended family members are not eligible to file under the Texas Wrongful Death Act.
How long do I have to file a wrongful death claim in Texas?
The statute of limitations for wrongful death claims in Texas is two years from the date of death. It is important to consult with a wrongful death attorney as soon as possible to preserve evidence, identify all responsible parties, and protect your legal rights before this deadline passes.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their losses — including lost financial support, loss of companionship, and mental anguish. A survival action recovers damages the deceased would have been entitled to had they survived, such as pain and suffering before death, medical expenses, and lost wages between the date of injury and the date of death. Both claims can be pursued in the same case.
Can I file a wrongful death lawsuit if criminal charges were not filed?
Yes. A civil wrongful death lawsuit is entirely separate from criminal proceedings. The burden of proof in a civil case is lower — preponderance of the evidence rather than beyond a reasonable doubt. Families can pursue a wrongful death claim regardless of whether the responsible party faces criminal charges, and regardless of the outcome of any criminal case.
How much does it cost to hire a wrongful death attorney?
Key Trial Lawyers handles all wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family. We advance all costs of investigation, expert retention, and litigation. The initial consultation is free, and the fee arrangement is explained in detail before you make any commitment.
Talk to a Wrongful Death Lawyer Today
Losing a family member to someone else’s negligence is devastating. The legal process cannot undo the loss, but it can hold the responsible parties accountable and provide the financial security your family needs to move forward. Wrongful death claims are aggressively defended by insurance companies and corporate legal teams. Your family deserves attorneys who are equally prepared.
When you call Key Trial Lawyers, you speak directly with an attorney — not a receptionist, not a case manager. You get an honest assessment of your situation, a clear explanation of your legal options, and a direct answer about whether we can help.
Contact our personal injury law firm today for a free consultation. Our wrongful death attorneys handle cases across Texas and are prepared to take them to trial when that is what it takes to deliver justice for our clients and their families.
