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Corpus Christi Wrongful Death Attorney: What Texas Families Can Recover
Losing a family member to someone else's negligence is among the most devastating experiences imaginable. Texas law provides a path for surviving family members to hold the responsible party accountable and recover compensation for their loss. Anderson Alexander PLLC's Corpus Christi wrongful death attorneys represent South Texas families in these most difficult of cases — with the care, honesty, and tenacity the situation demands.
Who Can File a Texas Wrongful Death Claim
Under the Texas Wrongful Death Act (Texas Civil Practice and Remedies Code § 71.004), the following individuals are entitled to bring a wrongful death claim:
Siblings, grandparents, and other relatives generally cannot bring a wrongful death claim under Texas law unless they fall into one of the recognized categories. If no wrongful death claim is filed within three months of the death, the estate's executor or administrator may file on behalf of the statutory beneficiaries.
Survival Claims: A Separate Action Under Texas Law
In addition to wrongful death, Texas law allows a survival claim — a separate action brought by the decedent's estate to recover damages the decedent could have pursued had they lived. Survival claims recover:
The survival claim is brought by the executor or administrator of the estate and is separate from the wrongful death claims brought by family members. Both claims often proceed together.
What Damages Are Available in a Texas Wrongful Death Case
Texas wrongful death damages are extensive and focus on the impact of the loss on the surviving family members:
Pecuniary losses — the financial support, household services, and care the deceased would have provided had they lived. Calculated using the decedent's income, life expectancy, and likely future contributions.
Loss of companionship and society — the love, emotional support, comfort, and guidance the family members have lost. Available for spouses and for children.
Mental anguish — the grief, suffering, and emotional distress experienced by the surviving family members.
Loss of consortium — for surviving spouses, the loss of the marital relationship including its emotional and physical dimensions.
Exemplary damages (punitive) — available in Texas wrongful death cases when the defendant's conduct constituted fraud, malice, or gross negligence. Significant punitive awards have been entered in drunk driving wrongful death cases and cases involving deliberate safety violations.
Common Causes of Wrongful Death Claims in Corpus Christi
The Statute of Limitations in Texas Wrongful Death Cases
Texas wrongful death and survival claims must be filed within two years of the death (Texas Civil Practice and Remedies Code § 16.003). This deadline is strictly enforced, and evidence begins disappearing from the moment of the fatal accident. Contacting an attorney immediately allows the early investigation that complex wrongful death cases require.
FAQ
Can multiple family members each recover damages? Yes. Each eligible family member (spouse, children, parents) has their own claim and can recover for their individual losses. The total recovery is not limited to a single award split among the beneficiaries.
What if the victim was partially at fault? Texas's modified comparative fault rule applies. Recovery is reduced by the decedent's fault percentage and barred if it exceeds 50%.
Can we pursue a criminal case and a civil wrongful death claim at the same time? Yes — the criminal and civil systems are separate. A not-guilty verdict in a criminal case does not prevent a successful civil wrongful death claim.
Anderson Alexander PLLC represents Corpus Christi and South Texas families in wrongful death cases. Call (361) 452-1279 for a confidential consultation — we work on contingency and advance all case costs.



