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Wrongful Death

How to Prove Wrongful Death in Texas

When coping with the tragedy of losing a loved one, knowing your legal rights is essential. Our team at The Stewart Law Firm understands this deeply and is committed to helping families navigate the complex terrain of wrongful death cases

If you’ve lost a loved one due to someone else’s negligence, you have our deepest condolences. And we’re ready to stand with you to fight for justice.

In this blog, we’ll take a look at what wrongful death cases mean in Texas, and how to work with a dedicated wrongful death lawyer to prove your case. 

How Texas Defines Wrongful Death

Wrongful death in Texas, as defined by state law, is a death caused by the “wrongful act, carelessness, unskillfulness, neglect, or default” of another person or entity. 


These types of acts could range from a careless driver causing a fatal accident to a manufacturer producing a defective product that leads to death.


In Texas, specific people are eligible to bring a wrongful death action to the court, including:

  • The deceased’s surviving spouse, 
  • The deceased’s surviving children, and 
  • The deceased’s surviving parents

If none of these individuals exist or choose to file a claim, the executor of the deceased person’s estate can file instead.

Essential Components of a Wrongful Death Case

There are several essential components to every wrongful death case, and you’ll need to establish or prove each of them to have a strong, successful case in Texas.

  • The Deceased was Killed by Another’s Negligence: This is the foundation of any wrongful death case. You must prove that the person or entity you’re filing against was, in some way, negligent and that this negligence directly resulted in the death of your loved one.
  • Evidence of Negligence: Collecting concrete evidence to prove negligence can be challenging, but it’s a crucial component of your case. This could include photographs of the accident scene, witness statements, police reports, and more.
  • Proving the Loss: Once you’ve established negligence, you’ll need to demonstrate the financial and emotional impact of your loved one’s death. This might include lost income, funeral expenses, loss of companionship, and the pain and suffering experienced by the surviving family members. 

While these components build the groundwork for your wrongful death claim, they’re still only the start. Each case is unique and may require additional proof based on its specific circumstances.

Why a Lawyer is Crucial to Proving a Wrongful Death in Texas

Facing a wrongful death case alone can feel overwhelming. This is where the value of a Texas-based injury lawyer who has experience in successfully representing these types of cases comes to light. Here are two of the biggest ways a lawyer can assist you:

  • Gathering and Analyzing Evidence: Attorneys know what evidence will strengthen your case and where to find it. This could involve hiring accident reconstruction specialists, medical experts, or other professionals who can provide critical insight.
  • Representing in Court: Lawyers understand the intricacies of the Texas legal system. They will represent your interests in court, negotiate on your behalf, and work diligently to present your case most compellingly.

Contact The Stewart Law Firm for Your Wrongful Death Case in Texas

At The Stewart Law Firm, we handle each wrongful death case with the utmost sensitivity and respect. Our seasoned lawyers take a personalized approach, guiding families through this difficult time with compassion and understanding. We’ve represented countless families across Texas, helping them secure the financial compensation they need to rebuild their lives.

Losing a loved one is undoubtedly one of the hardest experiences to endure. When that loss is caused by someone else’s negligence, seeking justice becomes paramount. The Stewart Law Firm stands ready to support you in your pursuit of justice and fair compensation. Contact us today to get started on your case.

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