Understanding Your Rights in a Wrongful Death Lawsuit

David Robledo

Losing a loved one is one of the most painful experiences anyone can go through—especially when the loss is due to someone else’s negligence or wrongdoing. If you’re a surviving family member, you may be entitled to pursue justice and compensation through a wrongful death lawsuit. But understanding your legal rights in these cases is crucial to making informed decisions.

 

What Is a Wrongful Death Lawsuit?

 

A wrongful death lawsuit is a civil claim brought by the surviving family members of someone who died due to another party’s negligent, reckless, or intentional actions. These cases can arise from car accidents, medical malpractice, workplace accidents, defective products, or even criminal acts.

Who Can File a Wrongful Death Lawsuit?

 

In Texas, not everyone is legally allowed to file a wrongful death lawsuit. The law limits the right to:

  • The surviving spouse

  • Children (including adult children)

  • Parents of the deceased

If these individuals do not file within three months of the death, the executor or personal representative of the deceased’s estate may file on behalf of the estate unless the family objects.

 

Common Misconceptions

 

1. “It’s just about the money.”
While compensation is an important part of a wrongful death lawsuit, the goal is also to hold the responsible party accountable and prevent similar tragedies in the future.

 

2. “Criminal charges need to be filed first.”
A wrongful death lawsuit is a civil matter and is separate from any criminal charges. You can pursue civil action even if there is no criminal case—or if the defendant is acquitted in criminal court.

 

3. “I have plenty of time to file.”
Time is limited. In Texas, the statute of limitations for wrongful death claims is typically two years from the date of death.

Steps in the Process

  1. Consult with a wrongful death attorney – An experienced lawyer will evaluate your case and explain your options.

  2. Investigation – Your attorney will gather evidence, interview witnesses, and review relevant documents.

  3. Filing the lawsuit – Once a strong case is built, the lawsuit is filed in civil court.

  4. Negotiation or litigation – Many cases are resolved through settlements, but if necessary, your lawyer will take the case to trial.

  5. Resolution – Whether through settlement or court judgment, compensation may include lost income, funeral expenses, emotional suffering, and more.

How a Lawyer Can Help

 

Handling a wrongful death lawsuit on your own can be emotionally and legally overwhelming. A skilled attorney can:

  • Ensure all legal deadlines are met

  • Build a strong case using expert witnesses and thorough investigation

  • Negotiate with insurance companies and opposing counsel

  • Represent your best interests in court if necessary

Let The Law Office of David Robledo, P.C. Help You Seek Justice

 

If you’ve lost a loved one due to someone else’s actions, you deserve compassionate, knowledgeable legal guidance. At The Law Office of David Robledo, P.C., we understand the weight of what you’re going through—and we’re here to fight for your rights and help you find closure.