One moment, the Johnson family was planning their son’s high school graduation. The next, they were sitting in a hospital room, trying to understand how a routine workday ended in tragedy. A collapsed scaffold. A rushed inspection. And a life taken far too soon.
No warning. No time to say goodbye. Just a knock at the door and a flood of questions no one should ever have to ask.
When someone you love dies because of another person’s negligence or carelessness, the impact ripples through every part of your life.
In Texas, the law provides a way for families like the Johnsons to seek accountability through what’s called a wrongful death claim. These claims are not about revenge, but about answers, stability, and well-deserved justice in the hope that no other family will have to endure this same pain.
Let’s walk through how these claims work, who can file them, and what steps families can take in the face of unimaginable loss.
What Counts as a “Wrongful” Death?
A wrongful death happens when someone is killed due to the negligence, carelessness, or intentional act of another person or company.
For example: fatal car accidents caused by a drunk driver, medical procedures with clear errors, unsafe job sites, or defective products.
In legal terms, it’s a death that would not have occurred but for the other party’s wrongful conduct.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can file. Typically, the following people are eligible:
- Spouses
- Children (biological and legally adopted)
- Parents
Note: The surviving spouse, children, or parents have the first right to file within the two-year window. If they don’t take action within three months, the executor of the estate may file a claim—unless a family member objects.
What Can You Recover?
Wrongful death lawsuits are about compensating the surviving family for what they’ve lost—not just emotionally, but financially and economically. Damages may include:
- Lost earning capacity
- Lost inheritance
- Funeral and burial expenses
- Medical bills related to the incident
- Mental anguish
- Loss of companionship and support
In some rare cases, exemplary (punitive) damages may also be awarded if the act was especially reckless or malicious.
For example:
In the Johnson family’s case, their son was only 18—a hardworking kid with plans to enter a trade program and support his family. When determining financial compensation, the court may consider what he likely would’ve earned over his lifetime, the emotional impact on his parents and younger siblings, and the circumstances surrounding his death.
If it’s found that the construction company ignored clear safety violations, that could also open the door to punitive damages. All of these factors—age, earning potential, relationship to survivors, cause of death, and the conduct of the responsible party—play a role in how damages are calculated.
No amount of money replaces a person. But in Texas, wrongful death compensation can help a family rebuild, cover essential expenses, and make space to grieve without financial strain.
How Long Do You Have to File?
Texas generally gives families two years from the date of death to file a wrongful death claim. There are exceptions, so the general rule is to speak with an attorney as soon as you can. Time can move fast when you’re grieving.
Note: The surviving spouse, children, or parents have the first right to file within the two-year window. If they don’t take action within three months, the executor of the estate may file a claim—unless a family member objects.
Why Families Choose to File
Some clients come to us looking for justice and accountability. Others want to protect their children’s futures, or to be able to take time to grieve without a financial burden. Many families simply want to understand what went wrong.
Filing a wrongful death claim is never about “making it go away”—it’s about honoring the loss, demanding answers, and ensuring the same thing doesn’t happen to someone else’s family.
Why Legal Guidance Matters
Wrongful death cases in Texas are complex. They often involve multiple parties—insurance companies, hospitals, employers, manufacturers—and they can quickly become overwhelming without experienced counsel.
At Comer Law Group, we don’t believe in adding more stress to your plate. We guide you through every step, answer your questions directly, and fight hard for the outcome your family deserves.
Final Thoughts
If you’re reading this because you’ve lost someone due to negligence, we extend our deepest condolences.
You don’t have to navigate this process alone—and you don’t have to have all the answers today.
When you’re ready, start with a conversation. We’ll listen, explain your options, and take it from there—together.
📞 Call Comer Law Group or visit comerlawgroup.com to schedule a consultation.
Justice begins with knowing your rights. Let’s talk about what’s next.
New to Comer Law Group?
We’re a team of experienced, highly credible legal professionals proudly serving clients across Texas. From our Dallas office, we bring a client-centered approach to every case—combining legal excellence with compassion and strategic focus.
Whether you’re navigating a wrongful death claim or another serious legal matter, Comer Law Group is here to help you move forward with clarity and confidence.
Ready to speak with an attorney? Visit comerlawgroup.com or call us directly at 1-888-387-0650.
