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When a Family Member Dies Due to Someone Else's Negligence
Losing a loved one is devastating under any circumstances. When that death results from another person's recklessness or negligence — a drunk driver, a negligent employer, a defective product — families in South Texas face not only grief but also urgent legal questions. Texas law provides a mechanism for justice: the wrongful death claim.
At Anderson Alexander PLLC (A2X Law), our attorneys have helped South Texas families navigate wrongful death cases throughout Corpus Christi, the Rio Grande Valley, and surrounding communities. This guide explains how Texas wrongful death law works and what your family needs to know.
The Texas Wrongful Death Statute
Texas wrongful death claims are governed by the Texas Civil Practice and Remedies Code, Chapter 71. The law allows certain surviving family members to bring a civil lawsuit when a person dies as a result of another party's wrongful act, neglect, carelessness, or default.
A wrongful death claim is separate from any criminal prosecution. Even if the responsible party is not criminally charged or is acquitted, your family can still pursue a civil wrongful death claim. The standards of proof are different: civil cases require a preponderance of the evidence (more likely than not), while criminal cases require proof beyond a reasonable doubt.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who may bring a wrongful death claim to the following parties:
Siblings, grandparents, and other relatives generally do not have standing to bring a wrongful death claim under Texas law unless they qualify under one of the above categories. If the eligible family members fail to file within three months of the death, the personal representative of the estate may file on their behalf — unless the family members specifically object.
What Damages Can South Texas Families Recover?
Wrongful death damages in Texas fall into two categories: economic and non-economic.
Economic Damages
Economic damages are intended to compensate for measurable financial losses, including:
Non-Economic Damages
Non-economic damages address the profound personal losses suffered by the surviving family, including:
Texas law recognizes that money cannot replace a loved one, but it can help families maintain stability and hold negligent parties accountable.
Wrongful Death vs. Survival Action in Texas
Texas law distinguishes between two separate claims that often arise from the same fatal accident:
Wrongful death claims are brought by surviving family members for their own losses — the grief, financial hardship, and loss of companionship they personally experience.
Survival actions are brought on behalf of the deceased person's estate. A survival action recovers damages the deceased themselves could have claimed had they survived — such as medical expenses, pain and suffering before death, and lost earnings from the time of injury to the time of death. The estate representative typically brings this claim alongside the wrongful death action.
Both claims often arise from the same tragic event, such as a car accident on US-77 near Brownsville or a workplace explosion at an industrial facility near Victoria. Our attorneys at A2X Law handle both types of claims to ensure your family receives full compensation.
Common Causes of Wrongful Death Cases in South Texas
South Texas wrongful death cases frequently involve:
If your family has experienced a fatal accident in any of these circumstances, you may have a wrongful death claim. Learn more about how A2X Law handles personal injury and fatal accident cases throughout South Texas.
The Two-Year Deadline — Don't Wait
Texas wrongful death claims are subject to a two-year statute of limitations. This means your family generally has two years from the date of the deceased's death to file a lawsuit. If you miss this deadline, you lose your right to recover — regardless of how strong your case may be.
There are limited exceptions that may pause or extend this deadline, such as when the victim is a minor. However, do not assume an exception applies to your situation. Consulting with an attorney as soon as possible after a fatal accident is the safest course of action. Evidence disappears, witnesses' memories fade, and critical documentation becomes harder to obtain over time.
Why Work With A2X Law for a South Texas Wrongful Death Case?
Anderson Alexander PLLC serves families throughout Corpus Christi, Brownsville, McAllen, Victoria, and all of South Texas. Our attorneys are rated by Super Lawyers — an honor awarded to fewer than 5% of Texas attorneys — and have specific experience with the types of fatal accidents that occur in this region, including maritime incidents, industrial accidents, and major highway crashes.
We handle wrongful death cases on a contingency fee basis: no fee unless we win. You pay nothing upfront, and our fee comes only from the recovery we obtain for your family.
We know that pursuing a legal claim is the last thing on your mind after losing a loved one. That's why we handle every aspect of the case so you can focus on your family. We will investigate the accident, gather evidence, work with experts to calculate damages, and fight for the compensation your family deserves.
Contact Anderson Alexander A2X Law — Free Consultation
If you've lost a family member due to someone else's negligence in South Texas, please reach out to our team as soon as possible. Time matters in wrongful death cases, and we're here to help.
Anderson Alexander PLLC — A2X Law 101 N Shoreline Blvd, Suite 420, Corpus Christi, TX 78401 (361) 452-1279
Contact us today for a free consultation. We serve families throughout Corpus Christi, Brownsville, McAllen, Victoria, and all of South Texas. No fee unless we win.
