Wrongful Death From a Car Accident in Texas

Losing a family member in a car accident is a pain that no amount of money can undo. But when that death was caused by another person’s negligence, recklessness, or wrongful conduct, Texas law gives surviving family members the right to hold the responsible party accountable through a wrongful death lawsuit. A wrongful death claim exists to deliver financial compensation to the people who depended on the person who was killed — compensation for the income they will never receive, the care and companionship that was taken from them, and the emotional devastation that follows. Our San Antonio car accident lawyers at J.A. Davis Injury Lawyers have stood beside grieving families through this process, and we handle every detail of the legal fight so our clients can focus on what matters most during the hardest time of their lives.

The Texas Department of Transportation reported 4,150 traffic fatalities across the state in 2024 — one death every two hours and seven minutes. San Antonio ranked among the deadliest cities in Texas for traffic crashes, and our McAllen car accident lawyers have seen fatal wrecks devastate families throughout Hidalgo County and the Rio Grande Valley. Behind every one of those statistics is a family that will never be the same.

If you lost a spouse, parent, or child in a car accident caused by someone else’s negligence, our personal injury lawyers offer free, confidential consultations. Call us today and let our team explain your legal rights and what your family may be entitled to recover.

What Is a Wrongful Death Claim Under Texas Law

Texas wrongful death law is governed by Texas Civil Practice and Remedies Code Chapter 71. Under this statute, a wrongful death claim arises when a person’s death is caused by the negligent act, wrongful act, omission, or default of another individual, company, or entity. Every state has its own wrongful death statutes with its own specific rules, and there is no federal wrongful death law. In Texas, the statute is designed to compensate the surviving family for their losses and to hold the negligent party financially responsible for the consequences of their actions.

Wrongful death from a car accident is one of the most common scenarios our lawyers handle, but these claims can arise from many different situations. Medical malpractice that results in a patient’s death, nursing home negligence and abuse, workplace exposure to toxic substances like asbestos, commercial truck and bus accidents, and deaths that occur during supervised recreational activities can all give rise to wrongful death lawsuits. The common thread is always the same: someone’s carelessness or misconduct caused a death that should not have happened.

Who Can File a Wrongful Death Lawsuit in Texas

Texas law limits who has standing to bring a wrongful death claim. The surviving spouse, children, and parents of the deceased person are the individuals recognized as eligible to file. These family members, sometimes referred to as statutory beneficiaries, can file the lawsuit individually or together. If none of these family members file a wrongful death action within three months of the death, the personal representative of the deceased person’s estate — the executor named in their will or appointed by the court — may file the claim on behalf of the estate.

In addition to the wrongful death claim itself, a separate legal action called a survival claim may also be pursued. A survival claim addresses the pain and suffering the deceased person experienced before they passed away, along with any medical expenses and other costs incurred between the time of the accident and the time of death. The personal representative of the estate files the survival claim, and any compensation recovered becomes part of the estate. Our lawyers evaluate both avenues in every fatal accident case because pursuing both the wrongful death and survival claims together often results in significantly greater total compensation for the family.

What Damages Can a Family Recover

Wrongful death damages in Texas are meant to compensate the surviving family for everything they lost when their loved one was killed. The recoverable damages typically fall into several categories. Loss of financial support covers the income and benefits the deceased would have provided to the family over their expected remaining lifetime. Our lawyers work with economists who project those future earnings and calculate a present-day value that accounts for raises, promotions, and career trajectory the victim would have experienced.

Loss of care, maintenance, and support accounts for the non-financial contributions the deceased made to the household — cooking meals, maintaining the home, driving children to school, caring for aging parents, and handling the countless daily responsibilities that kept the family running. Loss of companionship, comfort, and guidance recognizes the emotional bond that was severed. For a surviving spouse, that means the loss of a partner. For children, it means growing up without a parent’s love and direction. For parents, it means burying a child they expected to outlive them.

Mental anguish and emotional pain suffered by the surviving family members are also compensable under Texas law. Funeral and burial expenses are recoverable, as are any medical bills the deceased person accumulated between the accident and the death. In cases where the at-fault party’s conduct was especially reckless or egregious — such as extreme intoxication or intentional disregard for safety — the family may also be entitled to pursue exemplary damages, which are designed to punish the wrongdoer and deter similar behavior.

Why You Need Experienced Lawyers for a Wrongful Death Case

Insurance companies treat wrongful death claims differently than standard injury claims because the dollar amounts are much larger. They deploy teams of defense lawyers, accident reconstruction experts, and corporate investigators to challenge liability, dispute the value of the deceased person’s future earnings, and minimize the family’s emotional losses. Going up against that kind of opposition without experienced legal representation puts your family at a severe disadvantage.

Our lawyers match and exceed that effort. We conduct independent investigations, retain our own accident reconstruction specialists, work with forensic economists, and present medical evidence that tells the complete story of what happened and what it cost your family. We handle every piece of communication with the insurance company so that no adjuster pressures you into a premature settlement while you are still mourning.

Texas imposes a two-year statute of limitations on wrongful death claims, meaning your family generally has two years from the date of death to file suit. Missing that deadline means losing the right to pursue compensation permanently, no matter how strong your case may be. The sooner our team gets involved, the better we can preserve evidence, identify all liable parties, and build the strongest possible case on your family’s behalf.

Call Our Lawyers at J.A. Davis Injury Lawyers

No family should have to fight an insurance company while grieving the loss of someone they loved. Our lawyers at J.A. Davis Injury Lawyers carry that fight for you. We offer free, confidential consultations and work on a contingency fee basis, which means your family pays nothing unless we recover compensation. Call our San Antonio office at 210-732-1062 or our McAllen office at 956-994-0565 and let us start protecting your family’s rights today.