Texas' Wrongful Death Laws - Limits, Lawsuits, and Liability

Jul 15, 2022
Personal Injury Law


Welcome to the comprehensive guide on Texas' wrongful death laws brought to you by James D Jones, a trusted name in the legal community. Losing a loved one due to someone else's negligence is a devastating experience, but understanding your legal rights is vital in seeking justice and compensation.

Understanding Wrongful Death

Wrongful death refers to a situation where an individual's death is caused by the wrongful act, negligence, or omission of another party. In Texas, specific laws and regulations govern wrongful death cases, ensuring that surviving family members have legal options to pursue.

Types of Wrongful Death

Wrongful death can occur in various scenarios, including:

  • Car accidents
  • Truck accidents
  • Medical malpractice
  • Workplace accidents
  • Product liability
  • Dangerous premises
  • Nursing home abuse

Texas' Wrongful Death Laws and Limits

When it comes to wrongful death lawsuits in Texas, it's crucial to understand the specific laws and limits that apply:

Statute of Limitations

In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person's death. It's essential to consult with an experienced attorney like James D Jones as soon as possible to ensure you meet this deadline.

Eligibility to File a Lawsuit

Only certain individuals are eligible to file a wrongful death lawsuit in Texas. These typically include immediate family members such as spouses, children, and parents of the deceased. Additionally, adopted children and dependent minors may also have the right to pursue a claim.

Potential Damages

Texas law allows for various types of damages in wrongful death cases, including:

  • Economic damages - medical expenses, funeral costs, lost wages, and future financial loss
  • Non-economic damages - pain and suffering, loss of companionship, and emotional distress
  • Punitive damages - awarded in cases of gross negligence or intentional wrongdoing

Proving Wrongful Death

In a wrongful death case, the burden of proof lies with the plaintiff, who must demonstrate the following:

Duty of Care

It must be established that the defendant had a duty of care towards the deceased person. For example, a driver owes a duty of care to others on the road to drive safely and follow traffic laws.

Breach of Duty

The plaintiff needs to demonstrate that the defendant breached their duty of care through negligence or misconduct. This could be failing to yield, driving under the influence, or providing substandard medical treatment.


There must be a direct link between the defendant's breach of duty and the death of the individual. It's necessary to establish that the defendant's actions directly caused or significantly contributed to the fatal incident.


The plaintiff must provide evidence of quantifiable damages resulting from the wrongful death, such as financial losses, emotional suffering, and other associated costs.

Choosing the Right Attorney

When faced with the complexities of a wrongful death lawsuit, it's crucial to have a skilled attorney by your side. James D Jones, with years of experience in handling such cases, offers compassionate and dedicated legal representation to help you navigate the legal system effectively.

Contact James D Jones Today

If you've lost a loved one due to someone else's negligence, don't hesitate to seek legal assistance. Contact James D Jones today for a confidential consultation to discuss your case and learn more about your rights under Texas' wrongful death laws.

Robert Santos
Helpful info 👍🌟
Nov 12, 2023
Marlene Kertesz
This is informative.
Nov 8, 2023