How Long Do Texas Wrongful Death Cases Typically Take to Resolve?

/by

When a family loses a loved one due to the negligence or wrongful act of another, the grief is profound. The emotional weight of the loss is overwhelming, and in the midst of this personal tragedy, practical and financial burdens begin to mount. Medical bills from the final injury, funeral and burial expenses, and the sudden loss of a primary income earner create a level of stress that is hard to bear. It is in this disorienting period that families begin to ask a necessary and practical question: If we pursue a legal claim, how long will it take?

What Is a Wrongful Death Lawsuit in Texas?

To see why the timeline varies, it helps to first establish what a wrongful death claim is under the law. In Texas, a wrongful death lawsuit is a specific type of civil claim brought by the surviving family members of a person who was killed due to another’s “wrongful act, neglect, carelessness, unskillfulness, or default.” This is codified in the Texas Civil Practice and Remedies Code, Chapter 71.

This is a distinct claim from a “survival action,” which the estate of the deceased person might file to recover for the damages the victim suffered before their death (like their medical bills and conscious pain). The wrongful death claim, by contrast, is meant to compensate the family members for their own, personal losses.

Under Texas law, a wrongful death claim can only be filed by the surviving spouse, children, or parents of the deceased.

The Texas Statute of Limitations: An Unforgiving Deadline

Before discussing the length of a case, the most important timeline to know is the one for filing it. This is called the statute of limitations, and it is an absolute, unforgiving deadline.

In Texas, a wrongful death lawsuit must be filed within two years of the date of the person’s death.

This is governed by Texas Civil Practice and Remedies Code § 16.003(b). If you fail to file the lawsuit within this two-year window, the court will almost certainly dismiss your case, and your family will be permanently barred from recovering any compensation. While there are a few very narrow exceptions (like the “discovery rule,” where the cause of death was not immediately known), families should operate under the assumption that the two-year deadline is firm. This is why it is so important to speak with a knowledgeable attorney long before this deadline approaches.

The Stages of a Wrongful Death Case: A Step-by-Step Breakdown

The length of a case is determined by the time it takes to move through its required legal phases. A case cannot be properly settled or taken to trial until each of these steps is complete.

Phase 1: Investigation and Evidence Gathering (Pre-Suit)

  • Timeframe: 1 to 6 months
    This is the work that happens before a lawsuit is ever filed. Your attorney will conduct a thorough investigation to identify all potentially at-fault parties, secure critical evidence, and begin to build the case.
  • Preserving evidence (like black box data from a commercial truck or video surveillance).
  • Interviewing witnesses.
  • Obtaining police reports, autopsy reports, and medical records.
  • Hiring initial experts (like accident reconstructionists) to determine how the incident occurred.

Phase 2: Filing the Petition and Serving the Defendant

  • Timeframe: 1 to 3 months
    Once the investigation is complete, your attorney will draft a “Petition.” This is the formal legal document that initiates the lawsuit. It names the defendants, lays out the facts of the case, and states the legal claims. This Petition is filed with the court, and then each defendant must be formally “served” with the lawsuit, a process that can sometimes be difficult if a defendant is hard to locate. The defendants then have a specific amount of time (usually about 30 days) to file their “Answer” with the court.

Phase 3: The Discovery Process (The Longest Phase)

  • Timeframe: 6 months to 2+ years
    Discovery is the longest and often most contentious part of any lawsuit. This is the formal legal process where both sides exchange all information and evidence relevant to the case. This phase is what prevents “surprises” at trial and allows both sides to evaluate the strengths and weaknesses of their case.
    Activities in discovery include:
  • Written Discovery: Sending and answering formal questions (Interrogatories) and requests for documents (Requests for Production).
  • Depositions: Questioning witnesses, defendants, and experts under oath in front of a court reporter. This is a critical part of the case and can take months to schedule and complete for all parties.
  • Expert Discovery: Both sides hire and designate experts (medical, economic, vocational, etc.) who write detailed reports and are then deposed by the opposing side. This is especially time-consuming in complex cases.

Phase 4: Mediation and Settlement Negotiations

  • Timeframe: 1 to 2 days (but scheduled after discovery)
    Most Texas courts require parties to attempt to resolve their case through mediation before they can get a trial date. Mediation is a formal settlement conference led by a neutral third-party mediator. The goal is to find a resolution without going to trial. A successful mediation can end the case. If it fails, the case continues toward trial.

Phase 5: Trial and (Potentially) Appeals

  • Timeframe: 1 week to 1 month (for the trial itself)
    If the case does not settle, it will be set for trial. A trial can last anywhere from a few days for a simple case to several weeks for a complex one involving multiple experts and defendants. After a jury or judge renders a verdict, the losing party may have the right to appeal the decision to a
    higher court, a process that can add one to two more years.

What Key Factors Influence the Timeline of a Wrongful Death Claim?

The phases above are the roadmap, but the factors below are what determine the speed. These are the specific issues that can significantly lengthen the time it takes to resolve your family’s case.

  • The Complexity of Liability: Proving who was at fault is a primary driver. A rear-end car accident with a drunk driver is much simpler than a medical malpractice case (which requires extensive expert testimony) or a product liability case (which involves complex engineering).
  • The Number of Defendants: A case against a single driver is faster than a case against a trucking company, its driver, the cargo loader, and the truck’s maintenance provider. Each defendant has their own lawyers and legal strategies, multiplying the work in the discovery phase.
  • The Insurance Company’s Tactics: The stance of the insurance carrier is paramount. If the insurer accepts liability and is willing to negotiate fairly, the case can resolve much faster. If the insurer denies the claim, fights every point, or uses “delay, deny, defend” tactics, the case will be forced to go deeper into litigation.
  • The Severity of Damages: This may seem counterintuitive, but cases involving very high damages often take longer. This is because the insurer has more to lose and will fight harder. Furthermore, calculating the full extent of a family’s loss (especially future lost income and loss of companionship over decades) requires time and detailed reports from economic experts.
  • Probate Court Complications: Before a wrongful death suit can be filed or settled, the court may need to formally appoint a representative for the deceased’s estate. This involves the probate court, which is a separate legal process that adds time, paperwork, and potential complications, especially if there is no will or if family members disagree.
  • The Specific Jurisdiction: Some Texas counties have very crowded court dockets. Getting a trial date in a major metropolitan area like Harris County or Dallas County can sometimes take longer than in a more rural county.
  • The Defendant’s Willingness to Settle: Ultimately, a case settles when the defendant (or their insurance company) is motivated to pay. This motivation often only comes after your attorney has spent months or years in discovery, building a mountain of evidence that makes it clear a jury will likely find them at fault.

How Long Does It Take to Get a Settlement in a Wrongful Death Case?

A settlement is an agreement to resolve the case for a certain amount of money without going to trial. A settlement can happen at any time, but it generally occurs at one of two points:

  • Pre-Suit Settlement: This is the fastest possible resolution. If liability is clear and the insurance policy limits are obvious (e.g., a fatal car accident with a $100,000 policy), the case might be settled in a few months after the initial investigation. This is, however, not common for high-value cases.
  • Post-Discovery Settlement: This is far more common. The case is settled after the discovery phase is complete, typically during or shortly after mediation. At this point, both sides have all the facts and expert opinions and can make a realistic assessment of what a jury might do at trial. This type of settlement often occurs 1 to 2 years after the lawsuit was first filed.

Can a Wrongful Death Case Be Resolved Quickly?

It is natural to want the process to be over as quickly as possible. The emotional toll of a lawsuit is high, and families need financial relief. However, a fast resolution is often not a good resolution.

Insurance companies know families are in a vulnerable position. They may offer a “quick” settlement in the weeks after the death. This offer is almost always a lowball amount that does not come close to covering the family’s true, long-term losses. Accepting it means forfeiting the right to ever seek more compensation.

A proper case takes time because it is a meticulous process. Building a case that demonstrates the full value of a family’s loss—including decades of lost income, lost inheritance, and the profound, personal loss of love and companionship—cannot be rushed. The goal is not a fast settlement; it is a full and fair resolution, and that requires time and preparation.

What Damages Can Be Recovered in a Texas Wrongful Death Claim?

The reason these cases are so complex is that the damages are so significant. In Texas, there are two main categories of damages available.

Wrongful Death Damages (For the Family):

These are paid directly to the surviving spouse, children, and parents for their personal losses.

  • Loss of the deceased’s future earning capacity
  • Loss of inheritance, including what the deceased would have saved and left to the family
  • Loss of household services (like childcare, home maintenance, etc.)
  • Loss of companionship, society, and comfort
  • Mental anguish and emotional pain
  • Loss of parental guidance (for surviving children)

Survival Damages (For the Estate):

This claim is brought by the estate’s representative and seeks damages for what the deceased person suffered.

  • Medical expenses incurred before death
  • Funeral and burial expenses
  • The conscious pain and suffering the deceased experienced before they passed away

In some cases, where the defendant’s conduct was particularly reckless or malicious, a family may also be able to pursue punitive damages (also called exemplary damages) meant to punish the wrongdoer.

How a Wrongful Death Attorney Helps Navigate This Process

This timeline is daunting. It is a long, complex legal journey that no family should ever have to walk alone. The role of an experienced wrongful death attorney is to take this entire burden off your shoulders.

A legal team manages every aspect of the case, from the initial investigation to the final resolution. This includes:

  • Immediately sending preservation letters to secure critical evidence.
  • Hiring the right team of experts (reconstruction, medical, and economic).
  • Managing all communications with the insurance companies.
  • Meeting every legal deadline and navigating the complex court procedures.
  • Building the case for mediation and, if necessary, for trial.

This allows your family to focus on what matters most: grieving, healing, and finding a way to move forward together.

Contact Our Texas Wrongful Death Law Firm Today

If your family is facing the devastating loss of a loved one, you do not have to find the answers alone. You deserve to know your rights and have your options explained in a professional, no-pressure environment. Contact the Will Adams Law Firm today at (281) 371-6345 for a free and confidential consultation. Let us take immediate action to protect your family and begin the fight for the justice and compensation you deserve.

Filing a Wrongful Death Claim After a Fatal Trucking Accident in Texas

/by

There is no way to prepare for the phone call that shatters your world. In an instant, a future you took for granted is gone, replaced by profound and disorienting grief. When a loved one is killed in a commercial truck accident, the silence they leave behind is deafening.

The questions that follow are overwhelming: How could this have happened? Why did it happen? Who is responsible? While nothing can undo the tragedy, the Texas legal system provides a path for families to seek answers, accountability, and the financial stability needed to navigate a future they never imagined they would be confronting.

Losing a family member is a deeply personal tragedy, but when it happens on a Texas highway due to the negligence of a truck driver or trucking company, it also becomes a complex legal matter. At Will Adams Law Firm, we are a Katy-based firm of seventh-generation Texans who have dedicated our careers to helping families in our community through their most difficult times. We understand that a wrongful death claim is about far more than money; it is about obtaining justice for your loved one and securing your family’s future in the face of devastating loss.

What Is a Wrongful Death Claim Under Texas Law?

A wrongful death claim is a specific type of civil lawsuit that arises when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or company. Governed by Chapter 71 of the Texas Civil Practice and Remedies Code, this legal action serves as a vital pillar of the state’s justice system. It is important to understand that this is a civil action, separate from any criminal charges that may be filed by the state. While a criminal case focuses on punishing a defendant for breaking the law, a wrongful death claim focuses on the victims left behind.

The purpose of a wrongful death lawsuit is not to seek punishment in the form of jail time, but rather to compensate eligible surviving family members for the immense personal and financial losses they have suffered as a direct result of their loved one’s death. It provides a legal mechanism to hold the responsible parties accountable for the harm they caused, shifting the financial burden of the tragedy from the grieving family to the party at fault.

Who Is Eligible to File a Wrongful Death Lawsuit in Texas?

Texas law is very specific about who has the legal standing to file a wrongful death claim. Unlike some states that allow a broader range of relatives to sue, Texas’s restrictive statutes limit eligibility to:

  1. The Surviving Spouse: This includes common-law spouses, provided the legal requirements for a common-law marriage in Texas were met at the time of death. Even if the couple was separated but not yet legally divorced, the spouse retains standing.
  2. The Surviving Children: This includes adult children as well as minors. It also encompasses legally adopted children, who have the same rights as biological children under the statute. However, it typically does not include stepchildren unless they were formally adopted.
  3. The Surviving Parents: Both biological and adoptive parents can file. This right persists regardless of whether the deceased child was a minor or an adult.

These family members can file the lawsuit individually, or they can choose to file together as a group. If none of these eligible individuals file a claim within three calendar months of the date of death, the personal representative or executor of the deceased’s estate can then file the claim on their behalf, provided that none of the eligible family members explicitly requests that the suit not be filed.

It is also important to note who is not eligible to file a wrongful death claim in Texas. This includes siblings, grandparents (unless they have legally adopted the deceased), and unmarried domestic partners. The law is strict on these relationships, which can often lead to difficult situations where close family members are legally barred from seeking justice.

The Grounds for a Claim: Negligence and Beyond

To succeed in a Texas wrongful death claim, the plaintiffs must prove that the defendant’s actions met the criteria of a “wrongful act.” This most commonly manifests as negligence—the failure to exercise the level of care that a person of ordinary prudence would have exercised under the same circumstances.

Common scenarios that lead to these claims include:

  • Motor Vehicle Accidents: Drunk driving, distracted driving, or commercial trucking violations.
  • Medical Malpractice: Surgical errors, misdiagnosis, or pharmaceutical mistakes.
  • Workplace Accidents: Failure to provide safety equipment or follow OSHA regulations in industrial or construction settings.
  • Defective Products: Manufacturing flaws or failure to warn consumers of inherent dangers.

Wrongful Death vs. Survival Actions

In Texas, a “Wrongful Death” claim is often filed alongside a “Survival Action.” While they sound similar, they cover different losses.

  • Wrongful Death: Compensates the family for their losses (loss of companionship, lost financial support).
  • Survival Action: This is essentially a personal injury claim that “survives” the death. It allows the estate to recover damages the deceased person could have recovered had they lived. This includes the deceased’s pain and suffering prior to death, medical expenses incurred before passing, and funeral costs.

Essentially, the Survival Action looks at the time between the injury and the death, whereas the Wrongful Death claim looks forward at the life the family must now lead without their loved one.

The Statute of Limitations

Timing is critical in Texas. Generally, the statute of limitations for a wrongful death claim is two years from the date of the individual’s death. Failure to file a lawsuit within this window usually results in the permanent loss of the right to sue.

There are very few exceptions to this rule. One exception is the “discovery rule,” which might apply if the cause of death was not immediately known (for example, a latent illness caused by toxic exposure). Another exception involves minor children; because a minor cannot legally file a lawsuit, the clock may be “tolled” (paused) until they reach the age of 18, though it is always advisable to act as soon as possible to preserve evidence.

The Burden of Proof

Because this is a civil matter, the burden of proof is “a preponderance of the evidence.” This is a lower standard than the “beyond a reasonable doubt” standard used in criminal courts. Plaintiffs must demonstrate that it is “more likely than not” that the defendant’s wrongful act caused the death. Even if a defendant is acquitted in criminal court, they can still be held liable in a civil wrongful death trial, as famously seen in several high-profile national cases.

Why Fatal Trucking Accidents Are So Complex

Unlike a typical car accident, a crash involving an 18-wheeler or other large commercial vehicle is exponentially more complex, both factually and legally. The sheer size and weight of these trucks mean the consequences are often catastrophic, and the corporate structures behind them are designed to deflect liability.

Multiple Potential Defendants

Liability rarely stops with the truck driver. A thorough investigation often reveals a chain of negligence involving several parties, all of whom can potentially be held responsible.

  • The Truck Driver: The most obvious party, whose negligence may involve fatigue, distraction, speeding, or intoxication.
  • The Trucking Company (Motor Carrier): The company that employs the driver can be held liable for its own negligence, such as negligent hiring (hiring a driver with a poor safety record), inadequate training, or encouraging drivers to violate safety regulations to meet deadlines. This is known as direct liability. They can also be held responsible for the driver’s actions through a legal doctrine called vicarious liability.
  • The Freight Owner or Shipper: The company that owned the cargo may be liable if they improperly loaded the trailer, making it unbalanced or overweight, which can directly cause an accident.
  • The Maintenance Company: If maintenance was outsourced, the repair shop could be liable for faulty repairs to critical systems like brakes or tires.
  • The Truck or Parts Manufacturer: If the accident was caused by a defective component—such as a tire blowout, brake failure, or steering system malfunction—the manufacturer could be held liable in a product liability claim.

A Maze of Federal and State Regulations

The trucking industry is governed by a dense web of safety rules, primarily from the Federal Motor Carrier Safety Administration (FMCSA). These regulations dictate everything from how many hours a driver can be on the road (Hours-of-Service rules) to cargo securement procedures, vehicle inspection requirements, and drug and alcohol testing protocols. A successful claim requires a deep understanding of these regulations to identify violations that prove negligence.

The Trucking Company’s Rapid Response Team

Large trucking companies have insurance policies worth millions of dollars and sophisticated protocols for when a major accident occurs. Their insurance carrier and lawyers are often notified within minutes of a crash. They will immediately dispatch a rapid response team of investigators and accident reconstructionists to the scene. Their goal is singular: to control the narrative and gather evidence that protects their financial interests, often before the family of the victim even knows what has happened.

Common Causes of Fatal Truck Accidents on Texas Roads

The highways around Katy, including the busy I-10 corridor and the Grand Parkway, are arteries for commercial traffic. Unfortunately, this high volume of truck traffic often leads to preventable tragedies. Some of the most common causes include:

  • Driver Fatigue: The pressure to deliver loads quickly leads many drivers to violate federal Hours-of-Service rules, pushing themselves past the point of exhaustion and driving while drowsy.
  • Distracted Driving: Using cell phones, interacting with dispatch equipment, eating, or other distractions can be deadly when piloting an 80,000-pound vehicle.
  • Speeding and Driving Too Fast for Conditions: Exceeding the speed limit or failing to slow down in poor weather or heavy traffic drastically increases a truck’s stopping distance and the severity of a crash.
  • Improperly Secured or Overloaded Cargo: When cargo shifts during transit, it can throw off the truck’s center of gravity, leading to a jackknife or rollover accident. Overloaded trucks put immense strain on brakes and tires.
  • Inadequate Driver Training: A trucking company may rush to put a new driver on the road without ensuring they are properly trained to handle the specific vehicle or the challenges of defensive driving.
  • Poor Vehicle Maintenance: Neglecting to repair or replace worn brakes, bald tires, or malfunctioning lights is a catastrophic failure of a trucking company’s duty to maintain a safe fleet.
  • Driving Under the Influence (DUI): While less common, drivers operating under the influence of alcohol or drugs are a significant danger on the road.

Recovering Compensation: Damages in a Texas Wrongful Death Claim

No amount of money can ever replace a loved one. The goal of a wrongful death claim is to provide families with financial resources to cover the tangible and intangible losses they have endured. In Texas, damages are typically sought in two distinct but related actions:

1. The Wrongful Death Action (For the Family’s Losses)

This claim seeks compensation for the specific losses suffered by the surviving spouse, children, and parents. These damages can include:

  • Loss of Earning Capacity: The financial support the deceased would have provided to the family throughout their lifetime.
  • Loss of Companionship and Society: Compensation for the loss of love, comfort, companionship, and emotional support. This is often referred to as “loss of consortium” for a surviving spouse.
  • Mental Anguish: Compensation for the profound emotional pain and grief suffered by the family.
  • Loss of Inheritance: The value of assets the deceased would have likely accumulated and left to the family had they lived a full life.
  • Loss of Household Services: The monetary value of the services the deceased provided, such as childcare, home maintenance, and financial management.

2. The Survival Action (For the Deceased’s Losses)

This claim is brought by the estate on behalf of the deceased. It seeks to recover for the losses the victim personally suffered before they died. These damages include:

  • Conscious Pain and Suffering: Compensation for the physical pain, fear, and emotional distress the deceased experienced between the moment of the accident and their death.
  • Medical Expenses: The cost of any medical treatment, ambulance services, or hospital care provided before death.
  • Funeral and Burial Expenses: The reasonable cost of a funeral and burial.

In cases where the defendant’s conduct was particularly reckless or malicious—a trucking company knowingly putting a driver with a history of DUIs on the road, for example—a family may also be able to pursue exemplary damages (also known as punitive damages) to punish the defendant and deter similar conduct in the future.

How Will Adams Law Firm Fights for Families in the Katy, TX Area

When your family is facing a powerful trucking company and its team of corporate lawyers, you need an advocate with the experience and determination to level the playing field. At Will Adams Law Firm, we approach these devastating cases with a combination of compassion and resolve.

We understand the complexity of trucking litigation. We know the federal regulations inside and out. We immediately act to preserve critical evidence, sending spoliation letters to prevent the trucking company from destroying or altering the truck’s “black box” data, driver logs, and maintenance records.

Our firm’s lead trial attorney, Will Adams, has been recognized by the National Trucking Trial Lawyers as one of the Top 10 Trucking Trial Lawyers in Texas. This recognition comes from a deep understanding of the industry and a history of holding negligent trucking companies accountable. We work with a network of top-tier experts—from accident reconstructionists to medical professionals—to build a powerful and undeniable case on your behalf.

We prepare every case for the courtroom. This trial-ready approach sends a clear message to the defense: we will not be intimidated, and we will not accept a settlement that does not fully account for your family’s immense loss. This reputation often forces them to negotiate in good faith, but if they refuse, we are always prepared to tell your loved one’s story to a Texas jury.

Contact Us When You Are Ready

We know that legal action is likely the last thing on your mind during this unbearable time. Take the time you need to grieve and support your family. When you are ready to explore your options and learn about your rights, we are here to listen.

Contact the Will Adams Law Firm at (281) 371-6345 for a free and confidential consultation. Let us provide the guidance and support you need to seek justice for your loved one and find a path forward.

Understanding the Wrongful Death Statute of Limitations in Texas

/by

If you’ve experienced the wrongful death of a loved one that occurred because of someone else’s neglectfulness or carelessness, you are familiar with a deep kind of pain that no one should have to experience. The death of your spouse, parent or child has changed your life forever, and it could have and should have been prevented.

Everyone handles grief in their own way, but some people are reluctant to pursue a wrongful death claim and would prefer to move past the incident. Nothing can bring back your loved one, but compensation from a wrongful death lawsuit can help with any lost wages, lost household labor contributions, and provide a head start for young children.

The deceased person’s family, meaning the surviving spouse, child or parents, have two years to file a claim before the Texas wrongful death statute of limitations runs out. If they do not file within three months, the executor of the deceased person’s estate may file the wrongful death claim.

However, it may take a wrongful death lawyer time to investigate and prepare the case, so it is better to start working with an attorney as soon as you can. With an advocate on your side, like the team Will Adams Law Firm, you can be assured that you will receive compassion and support as you seek closure and justice for the death of your loved one.

When Does the Texas Wrongful Death Statute of Limitations Begin?

Navigating the aftermath of a loved one’s passing is an emotionally overwhelming experience. Amidst the grief and the logistics of final arrangements, legal timelines often feel like a secondary concern. However, understanding the “statute of limitations”—the legal deadline for filing a lawsuit—is critical to preserving your family’s right to seek justice and financial recovery.

In Texas, the statute of limitations for a wrongful death claim is generally two years. But for many families, the most pressing question isn’t just “how long,” but “when does the clock actually start?”

The Accrual Date: When the Clock Starts Ticking

The legal terminology used in the Texas Civil Practice and Remedies Code states that a wrongful death action must be commenced “not later than two years after the day the cause of action accrues.”

In the vast majority of cases, the date of accrual is the date of the individual’s death. This is a vital distinction to make, as the date of death may be significantly different from the date of the underlying accident. For example, if a victim is injured in a catastrophic car accident on January 1st but succumbs to those injuries on February 1st, the two-year clock for a wrongful death claim typically begins on February 1st.

It is important to understand that while the accident itself may have given the victim a cause for a personal injury claim during their lifetime, the wrongful death claim is a separate legal action belonging to the surviving statutory beneficiaries (parents, children, or spouses). It is the death itself that initiates this specific statute of limitations.

Filing vs. Settling: Understanding the Deadline

A common misconception is that a wrongful death case must be completed or settled within the two-year window. In reality, the statute of limitations only applies to the initial filing of the lawsuit. As long as the formal legal complaint is filed in the appropriate court before the two-year mark, the case remains “active.” The subsequent litigation, discovery phase, and trial or settlement negotiations can—and often do—extend well beyond the two-year anniversary of the death.

Tolling the Statute: Exceptions to the Two-Year Rule

While the two-year rule is strict, Texas law recognizes that certain circumstances make it impossible or unfair to expect a filing within that timeframe. When a deadline is paused or delayed, it is legally referred to as “tolling.” There are several primary scenarios where the statute of limitations may be extended:

  1. The Minor Child Exception

If the statutory beneficiary is a minor (under the age of 18) at the time of their parent’s death, the statute of limitations does not begin to run until that child reaches the age of legal majority. In Texas, this means a child could potentially file a wrongful death claim up until their 20th birthday (two years after turning 18). While a guardian can certainly file on the minor’s behalf much sooner, the law protects the child’s individual right to seek justice once they are an adult.

  1. The Discovery Rule

In some complex cases, the cause of death or the negligence involved is not immediately apparent. If the negligence was intentionally concealed by the responsible party, or if a reasonable person would not have discovered the negligence right away (often seen in medical malpractice or toxic exposure cases), the “Discovery Rule” may apply. In these instances, the clock may not start until the date the negligence was discovered or should have been discovered through reasonable diligence.

  1. Physical or Mental Incapacity

If the person entitled to bring the claim is incapacitated—perhaps because they were injured in the same accident that killed their loved one—the statute may be tolled. If a surviving spouse is in a coma or suffering from severe cognitive impairment following the accident, the law may pause the clock until they are deemed legally competent or “sound of mind” again.

  1. Fraudulent Concealment

If a defendant takes active steps to hide their liability or the facts surrounding the death, the court may prevent them from using the statute of limitations as a defense. This ensures that wrongdoers cannot escape justice by simply hiding their tracks for two years.

Seeking Justice and Closure

Missing the statute of limitations is a terminal error for a legal case; once the window closes, the right to sue is usually lost forever. This is why consulting with a wrongful death attorney as soon as possible is vital.

A compassionate firm, such as Will Adams Law Firm PLLC, understands that you need space to grieve. By handling the rigorous demands of filing deadlines, evidence preservation, and legal strategy, an attorney allows you to focus on your family while ensuring that your legal options remain protected. You deserve compassion, support, and a dedicated advocate to help you seek the closure and justice your loved one deserves.

Exceptions to the Statute of Limitations on a Wrongful Death Claim

A close-up of a person's hand writing in a notebookCertain circumstances may either delay the start date of the wrongful death statute of limitations, or they may pause it. This is called “tolling” the statute of limitations. If this happens, you have additional time to file a wrongful death claim for your loved one.

  • As a minor child, the statute of limitations does not initiate until the child turns 18. It is always possible to file the wrongful death lawsuit prior to the minor turning 18, but if they choose to wait, they can.
  • If you were reasonably unaware of the negligence, or the negligence was concealed, then the wrongful death statute of limitations does not begin until the day you discovered the negligence.
  • If you were incapacitated, such as if you were involved in the same car accident that caused the wrongful death claim, then the statute of limitations does not begin until you are competent again. Mental or physical impairment may qualify as incapacitation.

A wrongful death lawyer can answer your specific questions if you have reason to believe your wrongful death claim should be tolled. A compassionate firm, like Will Adams Law Firm, can respectfully allow you to grieve while also making sure you are educated on your legal options.

Wrongful Death Lawsuit vs. Criminal Murder Case

A person reviewing notes and making a phone callCriminal murder charges are different from a wrongful death claim. For one thing, there is no statute of limitations on murder charges. This is a criminal case, whereas a wrongful death claim is a civil case.

In wrongful death claims, the victim is seeking financial compensation in the form of damages, much like in personal injury claims. If the defendant is facing criminal murder charges, their guilt must be proved “beyond a reasonable doubt,” and the consequences of a conviction can be a jail or prison sentence.

It is possible for one defendant to face both a wrongful death lawsuit and criminal charges for the accident.

Finding the Right Texas Wrongful Death Attorney is Essential

If you would like to file a wrongful death lawsuit, finding the right wrongful death attorney is essential. At Will Adams Law Firm, we have experience with wrongful death lawsuits and know how important it is to treat our clients with respect, dignity, and compassion during this period of grief.

We never want to see a member of our community face this suffering alone, so please call us for a free case evaluation where you can learn your legal options. You can call our office at 1-800-559-0593, or fill out our online contact form to get started. This is an emotionally trying time, it shouldn’t be a financial burden as well. Call us today and let us help you heal and recover from this wrongful death in your family.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Wrongful Death Settlement Amounts in Texas: What to Expect

/by

Losing a loved one is devastating—not only emotionally, but oftentimes financially as well. Dealing with the grief is bad enough, without having to also worry about how you’ll support yourself and your family in the years to come.

gathering with loved ones after a wrongful deathNo amount of money could ever truly replace the loved one you lost. However, when the death was caused by someone else’s wrongful act, pursuing a wrongful death case and negotiating a reasonable settlement can provide peace of mind and help ensure you and your family’s financial and emotional needs are addressed.

In this post we’ll outline the damages loved ones often claim after a wrongful death and the factors to consider as you move forward with your case. We’ll also clarify how an experienced wrongful death attorney can support you through the process and increase your chance of full and fair compensation.

What Is the Average Wrongful Death Settlement in Texas?

person calling an attorney about a wrongful deathWrongful death settlement amounts in Texas depend on the specific circumstances of each case—the events that caused the death, financial losses, emotional costs, etc. No true average settlement amount exists, and the range of possible settlement values is extremely wide.

However, knowing what survivors are typically compensated for can help you get a sense of what to expect for your specific situation.

How Is a Wrongful Death Settlement Calculated in Texas?

getting support for a wrongful death settlementTexas wrongful death claims are brought to support the surviving family members by helping they pay costs, plan for the future, and get some closure after the unexpected loss of a loved one.

While we can’t provide a standard settlement amount for the typical wrongful death settlement, we can list the things you may be eligible to claim and seek compensation for.

Wrongful death settlements tend to cover two major types of compensation: economic and non-economic. Punitive damages may also be considered in some situations.

Economic Damages

Economic damages are losses you can measure or estimate in specific dollar amounts. This usually includes medical expenses (before the death itself), lost future wages, lost inheritances, and funeral and burial costs. You may hear phrases like “loss of household services” to refer to how the deceased person helped keep the home.

We advise family members to hold on to all their bills, receipts, and other financial documentation to make the economic damages easier to calculate.

Non-Economic Damages

Non-economic damages are losses that can’t be measured by specific dollar amounts. This can include what might be called pain and suffering, mental anguish, and emotional distress. You may hear phrases like “loss of companionship, comfort, and advice.”

You might think it’s impossible to put a price on something like the loss of a lifetime of love, protection, or guidance. And to some degree, that’s true. But in a wrongful death case, financial compensation is the only benefit you can seek. Texas recognizes that non-economic damages are serious and traumatic for survivors, and so non-economic damages typically represent a significant portion of the financial settlement.

We advise loved ones bringing a wrongful death case to keep notes on the mental and emotional pain caused by the loss of their loved one. Your personal injury attorney will use the information to negotiate for fair compensation.

Note that non-economic damages are capped at $500,000 (and $250,000 per provider in the event of multiple defendants) in Texas medical malpractice wrongful death cases. These caps do not apply to other wrongful death cases in the state.

Punitive Damages

Punitive damages serve only to punish the at-fault party and discourage their negligent behavior in the future, rather than being tied to specific economic or non-economic damages suffered by the victims. (However, the damages are still awarded to the survivors bringing the wrongful death claim.)

Because they’re meant to “make an example” of the negligent parties, punitive damages are awarded relatively rarely. Usually, the personal or organization at fault needs to demonstrate especially reckless behavior with flagrant disregard for the safety of others.

Factors That Might Influence Wrongful Death Settlement Amounts

Certain losses are more complicated to calculate after a wrongful death. For example, an injured person can add up their lost wages quite easily. But when a loved one dies and the family needs compensation for their future lost wages, the amounts are suddenly less obvious.

Factors that might influence the amount of your compensation include:

  • The age of the person at their death: Someone in their 20s had decades of earning potential to influence a settlement amount, while someone in their 70s had already earned most of their wages.
  • Their general health while alive: The level to which someone’s overall health contributed to their death may influence the settlement.
  • Whether they contributed to the accident at all: Texas’ rule of comparative fault dictates that partial responsibility for an accident can reduce how much compensation wronged parties are eligible for.
  • Their typical roles in the household: Losing a family member who takes care of all home repairs, auto maintenance, or childcare impacts survivors more than someone who was relatively inactive.

Figuring out all your damages and getting the at-fault party’s insurance company to agree on a settlement amount is challenging. Your best bet is to work with a legal professional.

What About Criminal Charges?

reviewing paperwork in a wrongful death lawsuitSometimes the person responsible for a wrongful death acted so recklessly that a civil trial and punitive damages doesn’t seem like enough.

It’s possible that the events leading to a wrongful death case will also lead to a criminal case, with the at-fault party potentially facing punishments like jail time and other punitive measures (rather than compensation for survivors).

Understand that your wrongful death case (if it goes into the court system) is a civil matter and handled in a different court system than criminal cases. Just because the person who wronged you is charged with a crime (or even convicted of it) does not mean that you will automatically be awarded compensation. You will still have to file your own wrongful death claim.

Experienced Attorneys Increase the Chance of Full and Fair Wrongful Death Settlements

meeting with an attorney about a wrongful death caseDuring a time of intense grief, the last thing you should have to worry about is navigating a wrongful death case on your own. Not only is it emotionally demanding, but it’s also complex. The money you are pursuing should bring you peace of mind, not additional stress.

An experienced wrongful death lawyer knows Texas law and is accustomed to dealing with insurance companies and the healthcare system in all kinds of personal injury claims. They maintain a network of medical and accident reconstructionists who know how to find and present evidence of another’s negligent behavior.

For example, if you bring a wrongful death case for a young child, factors like earning potential are difficult to determine. Working with an attorney gives you access to someone who has likely dealt with a similar situation before, and who isn’t as emotionally close to the death as family members. Your attorney can build your case and help you maximize your potential settlement while you focus on your family and your emotional wellbeing.

Will Adams Law Firm Is Ready to Help With Your Wrongful Death Claim

At Will Adams Law Firm, we don’t sue just for the sake of suing. As a family firm with deep roots in the Katy area, we care deeply about the people we represent, and want to help grieving families get the wrongful death settlements they need to feel safe and secure after the loss of a loved one.

If your family is going through a significant loss, and suspects that your family member’s death was caused by the negligence of another person or entity, you need to work with Texas wrongful death attorneys who will work for every dime you deserve.

We begin every wrongful death case with a free consultation. To schedule yours today, call (281) 371-6345 or complete the easy contact form on our website today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

How Are Wrongful Death Settlements Paid Out in Texas?

/by

Losing a loved one due to the careless and reckless actions of a negligent party is a tragedy that cannot be undone. But you can achieve accountability and closure on their behalf by filing a wrongful death claim and being compensated for your loss.

In this blog post, we’re going to discuss how wrongful death settlements are paid out and who is eligible to file a wrongful death claim.

What Is a how are wrongful death settlements paid outWrongful Death Settlement?

Wrongful death claims demand accountability and financial compensation after someone else’s mistake kills a loved one. While the at-fault party might also face criminal charges for their actions, a criminal case will not provide financial support for those left behind. Common incidents that lead to wrongful deaths include car accidents, truck wrecks, motorcycle crashes, premises liability cases, and product defects.

A success wrongful death claim will result in either a jury award or a settlement. When you settle your case, you give up your right to file a lawsuit in exchange for a lump-sum payment. Once you finalize your settlement, you typically cannot go back and demand more compensation.  Insurance companies frequently try to take advantage of unrepresented families—offering them too little money for their losses. If you’re not sure whether the insurance company’s offer is fair, you should always schedule a free consultation with an experienced wrongful death lawyer before continuing your negotiations.

Who Can File a Wrongful Death Settlement?

how are wrongful death settlements paid outIn Texas, only the deceased person’s spouse, parents, and children (including adoptive parents and children) can file a wrongful death suit. If you have minor children, you can file wrongful death claims on their behalf. For example, suppose your former spouse dies in a car accident. While you cannot file a wrongful death claim yourself, you can sue the at-fault party as your children’s guardian.

Many people cannot file a wrongful death claim in Texas. This includes long-term unmarried partners, siblings, grandparents, grandchildren, and stepchildren who were not adopted. Similarly, adopted children cannot file a wrongful death suit after their biological parent’s death—and biological parents cannot demand compensation if a court terminated their parental rights.

Family members can also request that a wrongful death suit not be filed. However, if you do not make this request or file a wrongful death claim within three months of your loved one’s passing, the representative of the decedent’s estate can file their own claim.

How Much Is a Wrongful Death Settlement Worth?

how are wrongful death settlements paid outNo two wrongful death claims are the same. Before you and other surviving family members settle a wrongful death lawsuit, you should calculate your claims’ value and assess your insurance coverage. Otherwise, you might receive much less than the full value of your claims.

Depending on your situation, you might have two types of claims:

  • Wrongful death claim: Filed on behalf of surviving family members, this claim compensates you for your losses, including lost financial support and inheritance, the cost of counseling, loss of companionship, funeral expenses, grief, and mental anguish.
  • Survival claim: Filed on behalf of the person who died, this claim compensates their estate for losses they suffered before passing away, including pain and suffering, medical expenses, and lost income.

You will need to document these losses by providing medical bills, doctors’ notes, estimates from economists and life planners, and other evidence.

In some cases, the individual or estate filing the lawsuit can demand exemplary or punitive damages. These damages are in addition to more traditional economic and non-economic damages, and are supposed to punish the at-fault party for their actions. Exemplary damages are relatively rare in Texas, and you will need to show that the other party acted intentionally or with extreme recklessness.

If you want to understand the value of your family’s wrongful death claim, schedule a no-risk consultation. We can help you identify the insurance policies and factors that will affect your case’s settlement value.

What Is a Structured Settlement?

When you agree to a structured settlement, you will receive payments over time (instead on in a lump sum). Typically, the insurance company buys you an annuity to cover these payments.

Structured settlements and lump sum payments both have pros and cons. With a structured settlement, you’re guaranteed compensation over a long period of time (which could be viewed as a pro or a con). This provides consistent support for long-term needs and can help you budget wisely. However, you might not be able to cover all your pending debts at once, which could lead to severe financial hardship.

If you’re not sure whether a structured settlement is in your best interest, schedule a free consultation with one of our attorneys. We’ll assess your case and give you honest advice.

How Are Wrongful Death Settlements Taxed?

Structured settlements are non-taxable, but lump sum payments for wrongful death settlements are a little more complicated. The IRS does not tax the settlement itself, but there are segments of the settlement that could be taxed, including:

  • Punitive damages
  • Emotional distress not directly related to the manner of death
  • Medical bills deducted from your income in previous years

This can get complex pretty quickly. However, the taxes could potentially be minimized and the settlement itself increased by enlisting the help of a knowledgeable and experienced attorney.

Is Hiring a Wrongful Death Lawyer Worth It?

If you’re worried about the cost of hiring a skilled wrongful death attorney, you can relax. We offer free consultations, and if you choose to work with Will Adams Law Firm, we work on a contingency fee basis. This means that you pay nothing up front. If we negotiate a settlement on your behalf, you will pay us a percentage of that amount. If the case is either dismissed or we do not recover a settlement, there is no fee.

Contact Will Adams Law Firm to Learn More

If you’ve lost a loved one due to a negligent party’s careless or reckless action, you should contact an attorney to represent you and file a wrongful death lawsuit. A skilled attorney will provide thorough and empathetic representation throughout the process while pursuing the best possible outcome on your behalf.

The Will Adams Law Firm has extensive experience handling complex and emotional wrongful death claims and will leverage accident reconstruction, expert witnesses, legal precedent, and compelling eyewitness testimony to secure just compensation for you and your family. Please contact us today by calling (281) 371-6345 or completing this brief form to schedule a free consultation and begin the path to healing.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

What Families Should Know About Texas’ Wrongful Death Statute

/by

wrongful death statuteIf your loved one died because of someone else’s mistake, dangerous actions, or harmful intent, you might be eligible to file a wrongful death claim. A wrongful death lawsuit holds the person or party responsible for your loved one’s death and provides your family with the compensation they need to move on.

Wrongful death claims are civil suits, which are different from criminal charges. When someone is found guilty in a wrongful death suit, the person responsible may owe you financial compensation. In a criminal trial, they can face jail time. In Texas, eligible family members can file a wrongful death claim, even if there’s already a criminal trial taking place in connection with their loved one’s death.

It’s essential to understand the distinction because it’s not uncommon for grieving families to think that criminal proceedings will help them recover financial compensation and only learn about their possible injury claim after the civil filing deadline has passed.

If you have questions about your options, the differences between these two trials, and what to do next, don’t wait to speak with an experienced Texas wrongful death lawyer who can explain everything to you.

Who Can File a Wrongful Death Claim in the State of Texas?

Only certain surviving family members can file a wrongful death claim in Texas. They include the:

  • Parents of the deceased
  • Children
  • Surviving spouse
  • The personal representative of the deceased’s estate (under certain conditions)

Wrongful Death LawsuitThese individuals can file a claim together or separately, but claims must be filed within two years of your loved one’s death. This two-year cap is known as the statute of limitations, and if you wait to file a claim until that deadline has expired, you may lose your right to compensation.

Unfortunately, siblings, unmarried partners, and friends are unable to file a wrongful death claim.

Who is eligible varies from state to state, so it’s important to understand your options in the Greater Katy Area and Texas and not generalized information that may not apply to your situation.

Adopted Families Are Still Eligible to File a Texas Wrongful Death Claim

In Texas, parents are allowed to file wrongful death suits after the death of their legally adopted child or children. Similarly, adopted children have the same rights as biological children and can file wrongful death suits after the death of their adoptive parents.

A Wrongful Death Lawsuit Can Cover the Cost of the Funeral—and More

We know that thinking of loving family relationships in terms of dollars and cents can feel wrong. However, you shouldn’t have to suffer emotionally and financially after losing someone you love.

Wrongful death claims can help grieving family members find a sense of peace, closure, and security. They can also help your family recover the practical cost of losing your loved one too soon. While every family situation and case are different, this can include:

  • Any medical expenses your loved one needed
  • Funeral and burial expenses
  • Lost wages
  • Lost earning capacity
  • Loss of inheritance, savings, inheritance, or other financial support this person would have been able to provide
  • Lost care, support, services, advice, or guidance
  • Loss of companionship, relationship, love, and comfort
  • Your own mental anguish, pain and suffering, or emotional pain

Wrongful death claimsUnder Texas law, there is another type of financial compensation you could be eligible for called “exemplary damages.” Also known as “punitive damages,” exemplary damages are an additional dollar amount that the responsible person or party must pay the family to punish or make an example of them so others will learn from their mistake and avoid making reckless choices that take the lives of others.

If you want to learn more about punitive damages, please don’t hesitate to reach out to us to learn about your options.

RELATED: Hurt in a Texas Car Accident? Here’s What to Do

Wrongful Death Cases Can Be Tough. A Wrongful Death Attorney Can Help

Families shouldn’t have to suffer because of someone else’s mistake or wrongful acts. When you hire a wrongful death attorney to represent you and your family, we take care of the entire process.

We give you space to heal and grieve, while our wrongful death lawyers focus on the details of your case:

  • Negotiating with the insurance company
  • Providing information about opening an estate
  • Investigating your loved one’s death
  • Identifying everyone responsible
  • Preserving any evidence
  • Consulting with respected experts
  • Answering your questions and educating you about your legal rights

And we’re prepared to take your case to trial, if need be, ensuring you and your family get the financial compensation you need and deserve.

We Fight for Families With Dignity and Respect in the State of Texas

We know how challenging life can be when you lose someone you love. We take every fight personally, which is why our team of personal injury and wrongful death lawyers is proud to represent Texans who’ve lost someone they love. Our law firm has a track record of success and is ready to hear your story, explain your options, and provide practical legal advice about what to do next.

Request your complimentary consultation today by sending us a message using the contact form, and someone will be in touch shortly. We look forward to speaking with you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.