The Crash Team is proud to serve Texas with top-tier personal injury representation for families who have lost loved ones due to wrongful death and catastrophic negligence. When someone dies as a result of another party’s negligence, recklessness, or intentional misconduct, the surviving family members face not only overwhelming grief but also significant financial hardships and legal complexities. Texas wrongful death law provides important protections for surviving family members, but navigating these cases requires experienced legal representation that understands both the legal requirements and the emotional sensitivity these situations demand.
Wrongful death cases in Texas can arise from various circumstances, including car accidents, medical malpractice, workplace incidents, defective products, and criminal acts. Each type of case presents unique legal challenges and requires specific expertise to ensure that all responsible parties are held accountable. Our experienced Texas wrongful death lawyers understand the profound impact these losses have on families and fight aggressively to secure the compensation needed to provide financial security and hold negligent parties accountable for their actions.
If you lost a loved one in a tragic accident caused by someone else’s negligence, reach out to The Crash Team today to get aggressive legal help for your wrongful death case. Call us 24/7 at 713-300-0000 or contact us online for a free consultation.
How The Crash Team Helps Texas Families With Their Wrongful Death Claims
Wrongful death claims require both legal precision and compassion. Families are often dealing with emotional trauma, financial strain, and uncertainty about what comes next. Our role is to bring structure and clarity during a difficult time.
We begin with a detailed consultation, listening carefully to your story and identifying potential legal options. From there, we move quickly to secure evidence and protect your claim. Timing matters, especially when dealing with accident reports, medical records, and witness testimony.
Our process includes:
- Case evaluation: We assess liability, damages, and the full impact of your loss, including financial and emotional consequences that may not be immediately apparent.
- Investigation and evidence gathering: We collect crash reports, medical documentation, expert opinions, and other critical materials needed to build a strong case.
- Legal strategy development: We tailor our approach based on the facts of your case, whether it involves a highway accident, workplace incident, or defective product.
- Negotiation with insurers: We handle all communications with insurance companies, ensuring your claim is taken seriously and not undervalued.
- Litigation preparation: If necessary, we prepare your case for trial, organizing evidence and working with experts to present a compelling argument in court.
We also prioritize responsiveness. Our team offers same-day callbacks, fast case launches, and consistent communication so you are never left wondering about the status of your case.
How Is Wrongful Death Defined Under Texas Law
Wrongful death in Texas occurs when a person dies due to the negligence, carelessness, or wrongful act of another. These claims are governed by specific statutes that define who can file and what damages may be recovered.
Texas Wrongful Death Act
Under Texas Civil Practice and Remedies Code §71.002, a wrongful death claim can be filed when a death is caused by another party’s wrongful act, neglect, or default. This includes car accidents, truck collisions, workplace incidents, and other preventable events.
Who Can File
Eligible parties include the surviving spouse, children, and parents of the deceased. These individuals may file individually or as a group. If they do not act within three months, the executor of the estate may file on their behalf.
Statute of Limitations
Texas Civil Practice and Remedies Code §16.003 generally provides a two-year deadline to file a wrongful death lawsuit. Missing this deadline can prevent recovery entirely, although limited exceptions may apply.
Survival Claim vs. Wrongful Death
A wrongful death claim compensates surviving family members for their losses, while a survival claim allows the estate to recover damages the deceased could have pursued if they had lived. These claims often proceed together, but they serve different legal purposes.
Common Causes of Wrongful Death in Texas
Wrongful death cases arise from many types of incidents, often involving preventable negligence in high-risk environments.
- Car accidents: Fatal crashes caused by speeding, distraction, or failure to follow traffic laws
- 18-wheeler accidents: Collisions involving large commercial trucks on major Texas highways
- Motorcycle accidents: High-impact crashes where riders have minimal protection
- Pedestrian accidents: Drivers failing to yield or notice individuals crossing roadways
- Workplace accidents: Incidents in construction, oilfields, or industrial environments
- Defective products: Dangerous or faulty equipment leading to fatal injuries
- Medical negligence: Errors in diagnosis, treatment, or surgical procedures
- Premises liability incidents: Unsafe property conditions leading to fatal falls or injuries
- Drunk driving accidents: Impaired drivers causing catastrophic collisions
Understanding the cause of the incident is essential, as it determines liability and shapes the legal strategy moving forward.
Types of Damages Available for Wrongful Death
Wrongful death damages are designed to compensate families for both financial and emotional losses. These damages reflect the full impact of losing a loved one, not just immediate expenses.
Economic damages may include medical bills, funeral costs, and lost income that the deceased would have provided. Non-economic damages often include loss of companionship, emotional suffering, and the absence of guidance or support.
In some cases, punitive damages may also be awarded under Texas Civil Practice and Remedies Code §41.003. These are intended to punish particularly reckless or intentional conduct, such as drunk driving or extreme negligence.
Key factors that influence settlement value include:
- Age and earning capacity of the deceased: Younger individuals or primary income earners often result in higher settlements due to the long-term financial impact on surviving family members.
- Clarity of liability: Cases with strong evidence clearly showing another party’s negligence tend to result in higher compensation and faster resolutions.
- Extent of financial losses: Medical bills, funeral expenses, and the loss of future income all contribute significantly to the overall value of the claim.
- Emotional and non-economic damages: Loss of companionship, guidance, and emotional support can increase settlement amounts, particularly in close family relationships.
- Comparative fault: If the deceased is found partially at fault under Texas law, the total recovery may be reduced proportionally.
- Insurance policy limits: The available coverage from responsible parties can directly impact how much compensation is recoverable.
- Strength of evidence and documentation: Well-supported claims with expert testimony, clear records, and consistent medical evidence often lead to stronger settlement outcomes.
How We Gather and Secure Evidence in a Wrongful Death Case
Evidence is the foundation of any wrongful death claim. Without it, even the most compelling story may not hold up in negotiations or court. That is why we act quickly to preserve critical information.
Our investigation process includes obtaining police reports, reviewing medical records, and interviewing witnesses. We also work with accident reconstruction experts to analyze how the incident occurred, especially in cases involving highway collisions or multi-vehicle crashes.
Digital evidence is increasingly important. Surveillance footage, vehicle data, and electronic records can provide valuable insight into the events leading up to the incident. However, this evidence is often time-sensitive, requiring immediate action.
We also coordinate with medical professionals to document the extent of injuries and the cause of death. This helps establish a clear connection between the incident and the loss, which is essential for proving liability.
How We Deal With Insurance Companies in a Wrongful Death Case
Insurance companies play a central role in wrongful death claims, but their priorities are not always aligned with yours. Their goal is to minimize payouts, often by disputing liability or undervaluing damages.
We handle all communication with insurers, ensuring that your case is presented clearly and supported by strong evidence. This includes preparing detailed demand packages that outline the full scope of your losses.
Negotiations can involve multiple rounds, particularly in complex cases with significant damages. We remain persistent, pushing back against low offers and advocating for fair compensation.
If a reasonable settlement cannot be reached, we are prepared to take the case to court. Litigation may involve filing in a Texas district court, presenting evidence before a judge or jury, and working with expert witnesses to support your claim.
Contact a Texas Wrongful Death Lawyer at The Crash Team Today
If your family has lost a loved one due to someone else’s negligence in Texas, The Crash Team is here to help you take the next step. We understand the weight of these cases and approach each one with the seriousness it deserves.
Attorneys Aaron Galvan and Breanne Galvan lead a firm committed to protecting families and securing meaningful results. Our team is available 24/7, providing responsive communication and same-day callbacks when you need answers.
We offer free consultations and work on a contingency fee basis, so there are no upfront costs. Contact The Crash Team today to begin your case with trusted advocates by your side.
Frequently Asked Questions
What Should I Do If I Lost a Family Member in an Accident?
Losing a loved one is overwhelming, and taking the right steps early can help protect your family’s legal rights.
- Seek emotional and medical support, as grief and stress can impact your well-being.
- Obtain official reports, including police and medical documentation related to the incident.
- Preserve evidence, such as photos, records, and any communication related to the accident.
- Avoid speaking with insurers, until you understand your legal options fully.
- Contact an attorney, to receive guidance and begin protecting your claim.
Taking these steps can help ensure that important details are not lost during a difficult time.
Who Can File for Wrongful Death in Texas?
Texas law limits who can file a wrongful death claim. Eligible individuals include the surviving spouse, children, and parents of the deceased. These parties may file individually or together.
If none of these individuals file within three months, the executor or administrator of the estate may bring the claim. However, they must do so on behalf of the eligible beneficiaries.
Understanding eligibility is important, as filing requirements can affect how compensation is distributed among family members.
What If My Loved One Was Partially at Fault?
Texas follows a modified comparative fault system under §33.001. This means that compensation may still be available even if your loved one was partially responsible for the incident.
If the deceased is found to be less than 51 percent at fault, damages may be reduced proportionally. For example, if they were 30 percent at fault, recovery would be reduced by that amount.
These determinations are often contested, making strong legal representation essential.
Can I File for Wrongful Death If There Is an Ongoing Criminal Investigation?
Yes, a wrongful death claim can proceed independently of a criminal case. Civil and criminal proceedings serve different purposes and follow separate legal standards. A criminal case focuses on punishment, while a wrongful death claim seeks financial compensation for the family. Even if no criminal charges are filed, a civil claim may still succeed based on available evidence.
Coordination between the two processes may be necessary, particularly when evidence overlaps.
What If I Can’t Afford an Attorney?
Financial concerns should not prevent you from seeking legal help. At The Crash Team, we handle wrongful death cases on a contingency fee basis.
- No upfront costs: You do not pay anything to begin your case
- Payment only if we win: Fees are collected only after a successful recovery
- Free consultation: You can discuss your case and options without obligation
This structure allows families to pursue justice without additional financial strain.
How Long Does the Average Wrongful Death Case Take to Settle in Texas?
The timeline for a wrongful death case varies depending on complexity. Some cases may resolve within several months, while others can take a year or longer. Factors such as disputed liability, ongoing investigations, and the number of parties involved can extend the process. Litigation, if required, adds additional time due to court schedules and procedural steps.
We focus on moving cases forward efficiently while ensuring that no critical detail is overlooked. Rushing a settlement can lead to undervaluation, so careful timing is essential.
