Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- Fatal car or truck crashes
- Unsafe work or oilfield events
- Dangerous property or products
- Other preventable acts of negligence
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- Reports, photos, and witness names
- Medical and death records
- Income and household records
- Proof of each family relationship
Wrongful death and survival are separate claims
A Texas wrongful-death claim belongs to the statutory beneficiaries and addresses their own losses from the death. A survival claim is different. It preserves a personal-injury claim the deceased person could have pursued and is brought through the estate or a proper representative.
The surviving spouse, children, and parents are the exclusive wrongful-death beneficiaries under Section 71.004. Siblings are not included. Recoverable categories and proof differ between the family claim and the estate's survival claim, so pleadings and settlement allocations should keep the claims separate.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
Recoverable harm may include lost care, support, services, companionship, inheritance, and mental anguish. The estate may have other damages. Each item needs proof.