The loss of a loved one amounts to one of life’s biggest challenges, and all the more so if it was caused by another’s negligence or reckless behavior, causing deep emotional pain and practical challenges for the surviving family members. Bills accumulate, daily life feels overwhelming, and grief touches every part of your world.
At the Law Office of Shane R. Kadlec, we step in to protect your rights and pursue the compensation Texas law provides. Choosing a lawyer with extensive wrongful death experience can be pivotal in securing full justice, rather than a hurried settlement. A Board-Certified, trusted, and experienced legal team will deliver a comprehensive and aggressive investigation and prosecution of every person or company that was involved in the incident, and we work together with Estate, Probate, and benefit coordinators to ensure the maximum value to our clients.
Understanding Wrongful Death Claims in Texas
Texas law defines wrongful death as occurring when someone dies due to the careless or intentional actions of another person or company. This civil claim differs from criminal proceedings, focusing instead on financial compensation for surviving family members. Such compensation helps address lost income, outstanding medical expenses, and acknowledges profound emotional impacts.
Eligibility to File a Wrongful Death Lawsuit
In Texas, wrongful death claims may be filed by immediate family members: spouses, children, or parents. Adoptive parents and children are also eligible. If none of these family members initiate a claim within three months, the estate’s executor or administrator may file. Early consultation with an attorney helps manage probate issues and ensures critical deadlines are met.
Common Causes of Wrongful Death
Every wrongful death case is unique, yet some scenarios frequently recur:
● Traffic accidents: involving cars, motorcycles, trucks, or impaired driving
● Workplace accidents: common in construction sites, refineries, and industrial environments
● Medical malpractice, including surgical errors or misdiagnoses
● Defective products: failing under normal use
● Unsafe property conditions: leading to fires, falls, or violent incidents
Our legal team meticulously reviews each situation, gathers comprehensive evidence, and identifies all liable parties, which may include contractors or manufacturers.
Types of Damages Recoverable
Texas law allows several types of compensation:
Economic Damages
● Medical expenses prior to death
● Funeral and burial costs
● Lost earnings and future financial support
● Loss of inheritance
● Loss of household services, such as childcare and maintenance
Non-Economic Damages
● Mental anguish experienced by surviving family members
● Loss of companionship and comfort
● Loss of consortium (spousal relationship)
● Loss of parental guidance for minors
Punitive Damages
● Available in cases involving gross negligence or intentional harm, such as drunk driving incidents or deliberate safety violations
Evidence Required for Wrongful Death Claims
| Damage Type | Examples | Supporting Evidence |
| Medical Expenses | Emergency room, surgery, medications | Hospital bills, physician records |
| Funeral Costs | Burial, cremation services | Funeral home invoices |
| Lost Earnings | Salary, retirement, bonuses | Tax returns, employment documentation |
| Mental Anguish | Grief, depression, anxiety | Counseling records, family testimonies |
| Punitive | Drunk driving, intentional misconduct | Police reports, OSHA records, past issues |
Discovery Rule in Texas
Typically, wrongful death claims must be filed within two years of the date of death. However, Texas’s Discovery Rule may extend this deadline when the cause of death wasn’t immediately apparent or was intentionally concealed, especially relevant in medical malpractice situations. Prompt consultation with an attorney helps avoid forfeiting your legal rights.
Survival Actions vs. Wrongful Death Claims
Texas law permits survival actions, separate from wrongful death claims, allowing the deceased’s estate to seek damages the deceased might have pursued had they survived, such as pain and suffering, medical costs, and lost wages incurred between injury and death. Often, both claims are pursued concurrently to maximize compensation.
How Our Firm Supports You
We relieve families of the legal burden, allowing space and time to grieve by managing every aspect of the claim process:
● Conducting thorough investigations (collecting reports, medical records, video evidence, and expert testimony)
● Providing assertive representation and negotiation with insurance companies
● Preparing extensively for the trial to ensure fair compensation
● Protecting families from aggressive insurance tactics and preserving claim integrity
Evaluating Your Case
Three critical questions help us assess your case:
● Was another party negligent or reckless?
● Did that conduct cause your loved one’s death?
● Are you eligible to file as a family member or estate representative?
A free, no-obligation consultation helps clarify your situation and outlines the steps to move forward.
