Filing a Wrongful Death Claim in Corpus Christi, Texas: What Families Should Know

The sudden loss of a loved one is a devastating experience for Corpus Christi families. When the wrongful actions of another caused their death, the profound sense of loss may be compounded by feelings of injustice. Survivors do have rights when a family member’s death is caused by another party, including the right to file a wrongful death claim.

The Texas wrongful death lawyers at Carabin Shaw help survivors pursue justice on behalf of deceased family members. We investigate deaths to determine responsibility and hold at-fault parties accountable. Our compassionate attorneys are available 24/7 and provide free case reviews in English or Spanish. Call us toll-free today at 1-800-862-1260.

A wrongful death occurs due to the intentional or negligent actions of another party. Survivors must show the responsible party owed your loved one a duty of care, that they breached that duty, and that the breach resulted in your family member’s death.

A wrongful death claim provides compensation to surviving family members and holds at-fault parties accountable for their actions. A wrongful death lawyer can help you determine whether you have grounds to pursue damages after your loved one’s death.

Wrongful death claims may arise from a variety of tragic incidents, such as:

• Vehicle crashes
• Workplace accidents
• Defective products or equipment
• Falls on someone else’s property
• Oil and gas incidents
• Medical malpractice

Your Nueces County wrongful death attorney must show negligence was involved in the incident to qualify it as a wrongful death. For example, a vehicle crash caused by a drunk or reckless driver could be an example of wrongful death.

Texas wrongful death laws only allow certain individuals to file a wrongful death claim, including:

• Surviving spouse of the deceased
• The deceased’s children
• Parents of the deceased

Other family members, such as grandparents or siblings, are not permitted to file a lawsuit in Texas. The executor or administrator of the deceased’s estate may also file a claim, known as a survival action, to pursue damages the deceased might have sought if they were still alive. However, the executor may not file a claim if family members do not want a wrongful death claim to be made.

The purpose of a wrongful death claim is to compensate surviving family members for losses they have suffered or will suffer in the future due to their loved one’s death. Texas allows for the following damages in wrongful death lawsuits:

Economic damages compensate survivors for calculable financial losses, including:

• Medical expenses incurred before death
• Funeral and burial expenses
• Lost income and benefits
• Loss of household services

In most cases, your lawyer will use receipts, invoices, estimates, and other documentation to determine these losses. It is critical to keep all the paperwork surrounding the accident to ensure you receive all the damages you are due.

These damages can be more challenging to quantify, but aim to restore survivors’ lives as closely as possible to their pre-loss state. Non-economic losses might include:

• Pain and suffering
• Mental anguish
• Loss of companionship
• Loss of spousal support
• Loss of parental guidance

Attorneys use a variety of formulas to calculate non-economic damages to ensure survivors receive sufficient compensation for the impact of their loved one’s death on their lives.

Grieving the Loss of a Loved One? Contact Carabin Shaw to Schedule Your Free Case Consultation & Get Justice

The unexpected loss of a loved one leaves the surviving family in pain and unsure of how to move forward. Don't try to navigate the complex Texas legal system alone during this trying time. The Corpus Christi wrongful death lawyers at Carabin Shaw help survivors seek the justice they deserve so they can focus on supporting each other through the grief process.

Our law firm offers our services on a contingency-fee basis, so you pay nothing unless we win your wrongful death case. Our law firm’s client reviews attest to our ability to help surviving families seek justice and compensation. Call us today at 1-800-862-1260.

For More Information:

• Cornell Law School
• Texas Statutes 71
• Texas Statutes 41