Building a Strong Wrongful Death Claim for Surviving Families
Losing a loved one because of another person’s negligence changes daily life for the people left behind. Along with grief, you may face lost income, unexpected expenses, questions about what happened, and decisions about whether to take legal action.
A wrongful death claim allows eligible family members to seek compensation from a responsible party. In Texas, it is for the exclusive benefit of the deceased person’s surviving spouse, children, and parents. Eligibility, evidence, and filing deadlines can affect the claim.
At Rodman Law Office, we work with surviving family members to investigate fatal incidents and document the losses caused by a death. We represent clients in Austin and throughout Texas, including Travis County, Williamson County, and Hays County. Contact us to discuss your family’s legal options.
Building a Case Starts With the Right Evidence
A Texas wrongful death claim may arise when a person’s death results from another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The deceased person must also have been entitled to bring an action for the injury if death had not occurred.
Building the claim therefore requires evidence addressing the conduct that caused the death, the connection between that conduct and the fatal injury, and the losses suffered by eligible family members. The necessary evidence depends on how the death occurred.
We may review:
Accident or incident reports
Medical and emergency-response records
Photographs and video recordings
Witness statements
Employment and income records
Communications involving the responsible parties
Available physical or electronic evidence
When appropriate, qualified professionals may analyze technical or financial issues. An expert may help explain how a collision occurred, whether professional conduct met the applicable standard, or how the death affected the household’s financial support. The need for expert analysis depends on the case.
Evidence can become harder to obtain as time passes. Physical conditions may change, recordings may be overwritten, and witnesses’ memories may fade. Texas generally requires an action for an injury resulting in death to be filed within two years after the claim accrues, although the applicable deadline can depend on the circumstances. Prompt investigation also gives us more time to identify possible defendants and applicable sources of insurance coverage.
Through our wrongful death representation, we organize the evidence around the legal issues that must be established rather than simply collecting records without a plan. This allows us to identify missing information and address weaknesses before presenting the claim to an insurer or court.
Protecting Your Family’s Right to Compensation
Texas law distinguishes a wrongful death claim from a survival claim. Wrongful death claims belong to the surviving spouse, children, and parents and address the losses they personally experience because of the death. The eligible family members may bring the action individually or together.
If none of those family members files the wrongful death action within three months after the death, the deceased person’s executor or administrator generally must bring it unless all eligible family members request otherwise. Identifying the proper parties at the beginning can prevent confusion later.
A survival claim is different. It preserves a claim the deceased person could have pursued for injuries experienced before death and is brought through the estate. Depending on the facts, survival damages may include the deceased person’s conscious pain and mental anguish, medical expenses incurred before death, and qualifying funeral and burial expenses.
Wrongful death damages may include:
Lost financial support: The income, benefits, maintenance, and services your loved one would have provided.
Loss of companionship and society: The loss of the relationship, comfort, and companionship provided by your family member.
Mental anguish: The emotional pain experienced by an eligible surviving family member because of the death.
Loss of inheritance: The amount an eligible family member could reasonably have expected to inherit had the deceased person lived a normal life expectancy.
The damages available are not identical in every case. We use financial records, employment information, testimony, and other evidence to document losses that are legally recoverable and supported by the facts. We also determine whether the circumstances support both wrongful death and survival claims.
Working With an Experienced Wrongful Death Attorney
A strong claim requires more than proving that a death occurred. The evidence must connect legally responsible conduct to the death and establish the resulting damages. Insurance companies and defendants may challenge liability, causation, the amount claimed, or all three.
At Rodman Law Office, we handle communications with insurers and opposing parties while keeping you informed about material developments. Our work may include:
Investigating the incident and preserving available evidence
Identifying the people or entities that may be legally responsible
Determining who is entitled to bring the claims
Reviewing insurance coverage and other possible sources of recovery
Documenting wrongful death and survival damages
Preparing settlement demands and evaluating responses
Filing suit and preparing for trial when necessary
No attorney can guarantee a particular settlement or verdict. We explain the available options, the evidence supporting the claim, and the issues that may affect the outcome so you can make informed decisions.
Taking the Next Step With Confidence
After a fatal incident, you may not know whether the facts support a wrongful death claim or which family member should act. You may also be handling estate matters at the same time. An early case review can clarify the difference between the family’s wrongful death claims and any survival claim belonging to the estate.
At Rodman Law Office, we represent families in Austin and throughout Texas, including Travis County, Williamson County, and Hays County. We investigate the circumstances, identify the proper claims and parties, and prepare the evidence needed to pursue compensation. Contact our firm today to schedule a consultation.