In Texas, when a person's negligence causes a fatal accident, the victim’s family can pursue a wrongful death claim.
without a death-free day on its roadways.
AS OF 2021, TEXAS HAS GONE
car accident deaths
In TEXAS THERE ARE APPROXIMATELY
car accident deaths per year.
In HOUSTON THERE ARE APPROXIMATELY
WHAT IS A WRONGFUL DEATH?
A wrongful death action is a type of Texas personal injury cause of action or claim that family members can bring to obtain compensation for the loss of their loved one.
Who can bring a wrongful death claim?
Under Texas law, a spouse, child, and parent can bring a wrongful death claim.
To establish liability in a Texas wrongful death claim, the claimant must show that their loved one died as a result of the defendant's “wrongful act, neglect, carelessness, unskillfulness, or default.”
What damages are available?
Monetary damages that may be available include actual damages and exemplary (punitive) damages.
ACTUAL DAMAGES CONSIST OF:
Loss of companionship and society
Loss of inheritance
PECUNIARY LOSSES CONSIST OF:
Loss of advice, counsel, services, care, maintenance and support
Loss of decedent’s earning capacity
Expenses for family members’ psychological treatment
WHAT ARE PUNITIVE DAMAGES?
Punitive damages are not designed to compensate the plaintiff for their injuries. These damages are rare and are awarded if the death was caused by a willful act or omission or gross negligence.
WHAT IS A TEXAS SURVIVAL ACTION?
When an individual dies in a fatal accident caused by another's negligence, the victim’s estate can recover damages that the deceased victim suffered as a result of the wrongdoing.
The “survival” action is brought on behalf of the deceased, and damages include:
Mental anguish that preceded the death
Physical pain that preceded the death
Medical bills accrued before death
At The de la Garza Law Group, We have extensive experience handling all types of Texas personal injury cases, including those involving a wrongful death.
Our primary goal is to get your life back on track after a life-changing accident.