An accident that takes someone’s life can come as a terrible shock to their family and loved ones. From the loss of the person’s love and companionship to the loss of their income and the service and care they provided, the survivors immediately face an urgent set of concerns and questions about how they’ll move forward.
If your family recently lost a person you loved because of another party’s actions or carelessness, you may wonder if there’s anything you can do to hold them accountable. Texas law entitles families to recover compensation for losses arising from fatal accidents by pursuing a wrongful death claim against the at-fault party. A Corpus Christi wrongful death lawyer can support your family through this challenging time by preparing and filing a claim on your behalf.
Contact The Patel Firm today to get started with a free, no-obligation initial case evaluation. You pay nothing for us to get started, and there are no fees unless we win your case.
How Can a Corpus Christi Wrongful Death Attorney Help Me and My Family?
Losing a loved one unexpectedly leaves families not only grieving but also overwhelmed by practical and financial challenges. During such a painful time, it can feel impossible to manage important legal and insurance matters. A Corpus Christi wrongful death attorney at The Patel Firm can take over these burdens for you and pursue justice and financial recovery on your behalf so your family can focus on healing.
Your lawyer’s work will go far beyond filing paperwork; they’ll manage every aspect of your claim with the goal of securing the compensation your family deserves. Our attorneys can take the following steps to help your family:
- Investigate the cause of your loved one’s death by gathering and reviewing accident-related evidence
- Identify all responsible parties, whether they’re individuals, businesses, or government entities
- Consult with accident reconstruction specialists, medical professionals, economists, and other subject area experts to build a strong case
- Calculate the full extent of your family’s financial and personal losses
- Communicate and negotiate with insurance companies to seek a fair settlement
- In the absence of a fair settlement offer, file a wrongful death lawsuit and handle all court procedures and deadlines
- Represent your family in mediation or trial if necessary to pursue accountability and full compensation
What Compensation Could I Recover in a Wrongful Death Claim?
Under the Texas wrongful death statute, certain close family members may seek wrongful death compensation when their loved one’s death was caused by someone else’s wrongful act, neglect, carelessness, unskillfulness, or default. The liable party may be an individual or a party for whom that party was acting as an agent, such as an employer or government agency.
Your family may pursue compensation for such losses as the following:
- The deceased’s expected future financial contributions
- The value of household services the deceased performed
- Funeral expenses incurred as a result of the death
- The loss of the deceased’s companionship, care, and consortium
Many families file survival actions in addition to wrongful death claims. A survival action seeks compensation for losses that the deceased could have pursued through a personal injury claim had they lived. These losses include medical expenses, lost income, and physical and emotional pain and suffering. Filing both types of claims can be effective for maximizing your family’s financial recovery.
How Are Wrongful Death Settlements Paid Out?
When a wrongful death case results in a settlement or verdict, the distribution of funds depends on the terms of the agreement and the relationships among the surviving family members. Under Texas law, wrongful death damages are paid directly to the statutory beneficiaries. These are typically the surviving spouse, children, and parents of the deceased, who receive compensation in proportions determined either by agreement among them or by the court if the beneficiaries don’t reach an agreement on their own.
Families who pursue such a claim might reasonably wonder, “How are wrongful death settlements paid out?” Generally, wrongful death beneficiaries in Texas receive settlement payments either as a lump-sum payment or through structured installments over time. A lump sum provides immediate access to the full amount, while a structured settlement offers ongoing financial support. When minor children are beneficiaries of a wrongful death claim, the court often oversees or restricts the payment of funds to safeguard the child’s future needs and best interests.
What Must I Prove in a Wrongful Death Case?
When pursuing compensation through a wrongful death lawsuit, your family must show that another party’s actions or omissions directly caused your loved one’s death. The process involves proving several legal elements that connect the defendant’s conduct to the fatal outcome, including the following:
- Duty of Care – The defendant had a legal obligation to act responsibly and avoid causing harm.
- Breach of Duty – The defendant failed to meet that obligation through their negligence, recklessness, lack of skill, or intentional misconduct.
- Causation – The defendant’s breach of their duty directly caused your loved one’s death.
- Damages – Your family suffered measurable financial and emotional losses because of your loved one’s death.
When you work with The Patel Firm, an experienced wrongful death lawyer in Corpus Christi can collect and present the necessary evidence to support each of these elements. These include witness testimony, expert opinions, official reports, medical records, and testimony from your family.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas law, the deceased’s surviving spouse, children, and parents each have the legal standing to file individually or together. If multiple eligible family members pursue claims, the cases are combined into a single action to avoid conflicting outcomes and ensure fair distribution of any recovery among them.
If no eligible family members file a claim within three months of the death, the executor or personal representative of the deceased’s estate may do so. However, the family has the right to request that the personal representative not bring a claim if all eligible family members agree to forgo action.
Texas’s approach differs from those of many other states, where only the estate’s personal representative can bring the claim. This provides families with more flexibility and control in seeking justice, rather than limiting their rights to the estate alone.
