Losing a loved one is one of life’s most painful experiences, especially when someone else’s negligence or wrongdoing caused their death. If you’re facing this unimaginable loss, you may be wondering how to file a wrongful death claim in Texas. This legal action can hold the responsible party accountable and help your family recover compensation for the financial and emotional losses you’ve endured.
At The Zimmerman Law Firm, we understand how overwhelming this process can feel. That’s why we’re here to walk you through each step and fight for the justice your loved one deserves.
What Is a Wrongful Death Claim?
In Texas, a wrongful death lawsuit allows certain surviving family members to seek compensation when a “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or company caused a person’s death.
Common causes of wrongful death include:
- Car, truck, and motorcycle accidents;
- Workplace or construction site accidents;
- Medical malpractice;
- Defective products; and
- Criminal acts such as assault or drunk driving.
If someone else’s actions led to your loved one’s death, you may have grounds for a claim.
Who Can File a Wrongful Death Lawsuit in Texas?
Only certain individuals are allowed to file a wrongful death claim under Texas law, including the following:
- Surviving spouse,
- The children (including legally adopted children), and
- The parents of the deceased.
If none of these parties files a claim within three months of the date of death, the executor or personal representative of the deceased’s estate may file the claim unless a family member requests otherwise.
How to File a Wrongful Death Claim: Step-by-Step
Looking to file a wrongful death claim? Here is what you need to know:
1. Consult a Wrongful Death Attorney
Navigating the legal system during a time of grief can be incredibly stressful. That’s why your first step should be to speak with an experienced wrongful death attorney. At The Zimmerman Law Firm, we offer free consultations and work on a contingency fee basis, meaning you don’t pay unless we win your case.
2. Determine Eligibility
We’ll help determine if you’re legally eligible to file the claim. If multiple eligible parties exist, they may file together or separately.
3. Gather Evidence
To build a strong claim, we must prove that another’s wrongful act or negligence caused the death. Our team will collect:
- Police and accident reports,
- Medical records,
- Eyewitness testimony,
- Expert opinions, and
- Photos or videos of the scene or injuries.
This evidence is crucial in establishing liability and calculating damages.
4. File the Claim Within the Statute of Limitations
In Texas, you must file a wrongful death claim within two years of the date of death. Missing this deadline can result in losing your right to pursue compensation.
5. Negotiate a Settlement or Prepare for Trial
Once your claim is filed, we will attempt to negotiate a fair settlement with the insurance company or the responsible party. We are prepared to take your case to trial if they don’t offer a reasonable amount. Our experienced trial lawyers won’t back down when your family’s future is on the line.
What Compensation Is Available in a Texas Wrongful Death Lawsuit?
A successful claim can help your family recover damages such as:
- Funeral and burial expenses,
- Loss of financial support,
- Loss of companionship and love,
- Loss of parental guidance,
- Emotional pain and suffering, and
- Medical expenses incurred prior to death (via a separate survival claim).
In some cases, courts may award exemplary (punitive) damages if the death was caused by gross negligence or an intentional act.
How to File a Wrongful Death Suit for a Workplace Fatality
Workplace fatalities present unique legal challenges. If your loved one died due to unsafe conditions or employer negligence, you may be entitled to file both a wrongful death lawsuit and a workers’ compensation death claim. Third-party claims (e.g., against a subcontractor or equipment manufacturer) may also apply in some situations.
Filing a wrongful death suit in these cases requires careful legal analysis. We have extensive experience handling work-related deaths and can help your family understand your rights.
Texas Wrongful Death Statistics
According to the Texas Department of Transportation, nearly 4,300 people died in motor vehicle accidents across the state in 2023 alone. Many of these deaths involved preventable actions such as distracted driving, drunk driving, or speeding.
Workplace deaths are also a serious concern. The Bureau of Labor Statistics reported that Texas consistently ranks among the highest in the nation for fatal occupational injuries, underscoring the importance of holding negligent parties accountable.
Why Choose Us?
At The Zimmerman Law Firm, we are more than just legal advocates; we’re compassionate allies during one of the hardest moments of your life. Here’s what sets us apart:
- Nearly 100 years of combined legal experience,
- No fees unless we win your case,
- Aggressive trial lawyers who fight for maximum compensation, and
- Personalized support from start to finish.
We handle every aspect of the legal process so you can focus on grieving and healing.
Schedule a Free Consultation Today
If you’re wondering how to file a wrongful death claim in Texas, don’t wait to get the guidance you need. Time is limited, and early legal action is key to building a strong case.
Contact The Zimmerman Law Firm today to schedule your free, no-obligation case evaluation with one of our experienced wrongful death attorneys. We’re ready to fight for justice and will be there for your family every step of the way.
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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