Fort Worth Wrongful Death Lawyers Fighting For Texas Families

Our attorneys can help you pursue a wrongful death claim

The sudden loss of a loved one often leaves survivors in a state of numbness and shock, making it hard to fully comprehend the reality of what has happened. Many family members seek answers, asking why their loved one was taken from them. While there may be no clear answer, if a drunk driver, fatigued truck driver, or negligent property owner caused the death through their actions or inactions, the reason may be that someone failed to uphold their duty to keep others safe.

The responsible party should be held accountable for their actions. A wrongful death lawsuit can hold them liable while providing your family with the financial support needed to cover the costs of the loss, including funeral expenses and lost income. The experienced Fort Worth wrongful death attorneys at the Cain Firm are here to guide you through this difficult time.

Not every accident leads to a wrongful death, and we will offer an honest evaluation of your case to help you understand your legal options. We are ready to hear from you now. If your loved one died due to negligence, contact us to schedule a free and confidential consultation. Our wrongful death lawyers are here to help you find your way forward.

What is considered wrongful death in Texas?

Under Texas law, a wrongful death claim may arise if one party’s “wrongful act, neglect, carelessness, unskillfulness, or default” causes the death of another person. In some cases, the wrongful act may also be a criminal offense, such as drunk driving or murder, and criminal charges may be pursued. However, unlike criminal cases, which are filed by a prosecutor, wrongful death claims are brought directly by a family member against the negligent party.

While criminal charges can lead to jail time or other penalties, a wrongful death claim results in monetary damages. In certain situations, a wrongful death claim may be filed even if criminal charges do not lead to a conviction.

Who can file a wrongful death lawsuit in Texas?

Losing a loved one is devastating, and when their death is caused by another's negligence or wrongdoing, it can be even more difficult. In such cases, families often seek justice through a wrongful death lawsuit. However, in Texas, it’s important to understand who is eligible to file a wrongful death claim. Consider the following factors:

• Spouse of the deceased: The surviving husband or wife can file, including those in legal marriages or common-law marriages (if the validity of the common-law marriage can be proven).
• Children of the deceased: Legal children, regardless of age, can file if they are the biological, adopted, or legally recognized children of the deceased. Adopted children cannot file for a biological parent.
• Parents of the deceased: Both biological and adoptive parents can file if their child passes away due to negligence unless parental rights were terminated.

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Who cannot file a wrongful death lawsuit in Texas?

In Texas, individuals who are not listed as a spouse, child, or parent of the deceased generally cannot file a wrongful death lawsuit. This includes:

• Siblings
• Grandparents
• Ex-spouses
• Extended family or other parties not directly related

However, there are exceptions. A sibling, grandparent, ex-spouse, or other individuals may be able to file if they are designated as the personal representative or executor of the deceased’s estate. This exception applies only if the parties who are typically entitled to file (spouse, children, or parents) have not already initiated a wrongful death claim on their own behalf.

How long do I have to file a wrongful death lawsuit in Texas?

Losing a loved one is an incredibly difficult experience, and when their death is caused by another's negligence, the grief can feel even more overwhelming. In Texas, family members have the right to file a wrongful death claim if their loved one’s death was caused by negligence, a wrongful act, carelessness, or unskillfulness.

However, Texas law imposes a statute of limitations, which sets a time limit for filing a wrongful death lawsuit. In Texas, the deadline is generally two years from the date of the loved one's death. If this two-year period passes, the family member can no longer file a wrongful death claim in court.

Missing the deadline means that the family may be left responsible for the expenses associated with their loved one’s passing, such as funeral and burial costs, without the option of seeking compensation through a lawsuit.

Damages in a Texas wrongful death claim

While it's impossible to truly put a price on the loss of a loved one, wrongful death claims aim to compensate for various losses. These damages include:

• Lost earnings: Compensation for the deceased’s current income and potential future earnings.
• Lost inheritance: What the deceased could have saved or passed down if they had lived a full life.
• Lost care and support: The services, advice, and support the deceased would have provided to their family.
• Pain and suffering: Mental and emotional distress caused by the loss.
• Loss of consortium: The loss of companionship, love, and comfort from the deceased.

In some cases, punitive damages may also be awarded. These are meant to punish the negligent party and deter future wrongful acts, rather than compensate for the loss.

The four elements of proving a wrongful death claim

To successfully prove a wrongful death case, certain legal elements must be established. Here's a concise breakdown of each:

• Duty of care: The defendant must have had a legal obligation to act in a way that protected the decedent’s safety. For example, a store owner must keep floors clear of hazards to prevent accidents.
• Breach of duty: The defendant failed to meet this duty. This could be through an act of negligence, like not cleaning up a spill that posed a danger to others.
• Causation: The breach of duty directly caused the decedent's death. For instance, if the decedent was harmed by the spill, and that harm led to their death, the breach of duty is the direct cause.
• Damages: The family must show how the death has financially affected them. This includes emotional and financial losses, often requiring expert testimony from a personal injury lawyer to quantify the impact.

Contact a wrongful death attorney in Fort Worth today

If you are considering filing a wrongful death claim, don't hesitate to reach out to the Cain Firm. Our dedicated legal team, led by attorney Brett Cain, is committed to helping families navigate the complex process of pursuing justice after the tragic loss of a loved one. Brett Cain is fully dedicated to ensuring that your rights are protected and that you receive the compensation your family deserves.

With extensive experience and a compassionate approach, the Cain Firm works tirelessly to achieve the best possible outcome for each client. Contact us today to discuss your case, understand your legal options, and start the journey toward healing.