Commonly Asked Wrongful Death Questions

Have you lost a loved one in Texas? Read the answers to these commonly asked wrongful death questions, then contact us to get started today!

What benefits are available on a wrongful death claim?

Commonly Asked Wrongful Death QuestionsOne of the questions we often get when representing families that have lost a loved one is, “What benefits or compensation are available to the family in a wrongful death case?” It’s important to separate two particular claims. The estate has its own claims. For example, if the person suffered before they died, then the estate is entitled to be compensated for that suffering.
Other compensation that you can ask for are things such as funeral expenses. Maybe the person was taken away in a helicopter from the scene. Maybe the person made it to the hospital and passed away at the hospital. You can recover those expenses, as well.

The family members (e.g., the husband or wife or the children) have their own individual claims. The value of those claims are based on the relationship between the person that passed away and the family member making the claim. Children, for example, typically, because of their age, will have a larger claim, let’s say, because of the number of years that they have lost the affection and the love of their parent in that particular example.

If you contact us for a free consultation, we’ll be happy to discuss the particulars of your case with you and answer any questions that you may have.

Who can file a wrongful death claim?

A few weeks ago, we had a chance to speak to a very nice lady whose brother had passed away in an accident. She asked, “Can I make a claim? My brother passed away.” Unfortunately, brothers and sisters cannot make a claim for the wrongful death of a sibling. The people that can make claims in Texas include the children of the person that passed away, the parents of the person that passed away, and of course the spouse of the person that passed away. Keep in mind, however, that when a person passes away, they become a legal estate. A sibling can represent the estate, if that is something that the family thinks is in the best interest of everyone.

If you have any questions on this topic, please feel free to contact us for a free consultation. We’ll be happy to answer these questions and any other questions that you may have.

Will my wrongful death case go to trial?

We just recently had a long conversation with a client whose father had passed away in an accident that was someone else’s fault. The question they had was, “Do we have to go to trial? We really don’t want to relive this whole episode.” Our answer was, “Most likely, the case will be resolved without the need for a trial.” However, there’s always going to be a percentage of cases that have to be tried.

The reason they have to be tried is typically because the insurance company representing the person or business that caused the death of your loved one is either refusing to accept responsibility or offer reasonable compensation. If those two things are involved in a particular case, then there is a likelihood that the case may have to go to trial. In our experience, approximately 90% of cases do get resolved without the need for a trial.

If you have any questions, please contact me for a free consultation and I’ll be happy to discuss these issues and any other questions that you may have.


Have you lost a loved one in Texas and have questions? After reading the answers to these commonly asked wrongful death questions, contact our experienced Texas Wrongful Death Lawyers today for a free legal consultation and case evaluation.

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