What Is A Wrongful Death Lawsuit?

Key Takeaways

• A wrongful death lawsuit allows surviving family members to seek financial compensation when negligence, recklessness, or intentional misconduct causes a loved one’s death.
• Under Texas law, only the surviving spouse, children, and parents of the deceased hold the right to file a wrongful death claim.
• Recoverable damages include both economic losses, such as funeral costs and lost income, and non-economic losses, such as grief and loss of companionship.
• Texas law sets a two-year deadline from the date of death to file a wrongful death lawsuit; missing this deadline eliminates the right to pursue compensation.
• In cases involving gross negligence or intentional misconduct, Texas courts may award exemplary damages in addition to standard compensation.

When someone else’s actions caused the death of a loved one, the pain carries an added weight of injustice. At Monsour Law Firm, we help Longview families understand their legal rights during some of the hardest moments of their lives. What is a wrongful death lawsuit? A wrongful death lawsuit gives surviving family members a legal path to pursue financial accountability when negligence, recklessness, or intentional misconduct ends a loved one’s life. These civil claims seek compensation for losses such as lost income, funeral expenses, and loss of companionship, and remain entirely separate from any criminal charges the state may pursue. Understanding the process of a wrongful death claim is essential to every decision you make if you need a wrongful death attorney in Longview, TX.

Contact a Wrongful Death Lawyer Near You

Free case consultation Call us: (903) 999-9999

Where Wrongful Death Law Comes From

Many families facing this scenario don’t know how Texas law protects them and have valid concerns, such as What is a wrongful death lawsuit? Do the laws contemplate this specific scenario? 

Texas laws set up the responsibilities that lead to the death of any individual. Under Texas Civil Practice and Remedies Code Section 71.002, a party becomes liable for damages when their wrongful act, neglect, or carelessness causes another person’s death. The law takes the right a person would have had to sue for their own injuries and passes that right to the surviving family after death occurs.

Who Is Eligible to File a Wrongful Death Lawsuit?

An action to recover damages due to wrongful death is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. The wrongful death action exists for the exclusive benefit of those three groups, and one or more of them may bring the claim on behalf of all of them as indicated under Texas Civil Practice and Remedies Code Section 71.004. 

Recoverable Damages in a Wrongful Death Claim

Families filing a wrongful death lawsuit in Texas may recover both economic and non-economic damages.

Economic damages cover measurable financial losses, including:

• Medical expenses the deceased incurred before death
• Funeral and burial costs
• Lost income and financial contributions the deceased would have provided over a lifetime
• Loss of benefits such as health insurance or retirement funds

Non-economic damages address losses without a fixed dollar value, including:

• Grief and mental anguish of surviving family members
• Loss of companionship and emotional support
• Loss of parental guidance for surviving children
• Loss of consortium for a surviving spouse

In cases involving gross negligence or intentional misconduct, Texas courts may also award exemplary damages to hold the at-fault party further accountable and discourage similar behavior. Every wrongful death case carries a unique set of circumstances, so the total compensation a family can recover depends on the specific facts, the deceased’s earning history, and the surviving family’s documented losses.

Texas Wrongful Death Statute of Limitations Explained

Texas law under  Civ. Practice & Remedies Code Section 16.003 gives surviving family members two years from the date of death to file a wrongful death lawsuit. Missing the deadline almost always eliminates the right to pursue compensation entirely, regardless of how clear the negligence may seem. Starting the legal process early also gives attorneys the time needed to gather evidence, interview witnesses, and build the strongest possible wrongful death claim.

How Monsour Law Firm Can Help You

Families in Longview and throughout East Texas deserve straightforward answers and passionate representation. The Monsour Law Firm handles wrongful death cases on a contingency fee basis, meaning no upfront costs and no attorney fees unless we recover compensation for your family. Call us today at (903) 999-9999 for a free case review. A wrongful death attorney stands ready to listen and help your family move forward.