How Long Does Wrongful Death Trial Take in Texas?

Losing a loved one due to someone else’s gross negligence or wrongful actions is an unimaginable tragedy. A wrongful death can result from various situations, including car accidents, workplace injuries, defective products or medical malpractice.

In Texas, families have the right to seek justice through a wrongful death lawsuit. There must be substantial proof that negligence or intentional wrongdoing caused the death. As this legal process can be complex and time-consuming, it is crucial to hire the right lawyer. Additionally, understanding how long a wrongful death lawsuit takes, Texas wrongful death eligibility and the steps involved can help families prepare for what lies ahead.

Steps to Take After Wrongful Death in Texas

In the aftermath of a loved one’s passing, knowing what to do is crucial for both emotional healing and legal justice. To prove wrongful death, you need to take these steps before filing your case:

Get documentation: Gather medical records, the death certificate and funeral expenses, as these documents will be essential evidence in your case.
Preserve evidence: Collect any evidence related to the incident, including photos, witness contact information and accident reports.
Consult an attorney: A wrongful death lawyer can help determine whether you have a valid case and guide you through the legal process.
Work through your lawyer: Avoid speaking with insurance companies alone, as insurance adjusters may try to minimize your claim. An attorney can handle negotiations on your behalf.
File in time: According to Section 16.003, the Texas statute of limitations for wrongful death claims is set at two years. You must file your lawsuit within two years of the wrongful death case.

Wrongful Death Damages

Wrongful death damages are designed to compensate surviving family members for both economic and emotional losses. Economic damages include lost income and earning capacity. They also cover any medical costs incurred before the victim passed away, such as emergency care or hospital bills. Families can seek reimbursement for funeral expenses and lost benefits like retirement contributions, insurance and other financial support provided by the deceased.

If the defendant’s actions were particularly reckless, malicious or grossly negligent, the Texas court may award punitive or exemplary damages per Texas Civil Practice and Remedies Code 71.003 to punish the wrongdoer. For example, if a drunk driver causes a fatal accident, the court may award punitive damages to penalize their reckless behavior.

Who Can File a Wrongful Death Claim

According to the Texas Civil Practice and Remedies Code 71.002, Texas law allows only specific family members to file a wrongful death lawsuit. These people include the surviving spouse, biological and legally adopted children, and parents of the deceased. If none of these individuals file a claim within three months of the death, the executor or personal representative of the deceased’s estate may file the lawsuit unless explicitly prohibited by the family. Siblings and other relatives do not have the legal right to file a wrongful death claim in Texas.

Essential Components of a Strong Wrongful Death Claim

To build a successful case, you must establish several key elements that prove negligence, medical malpractice or defective products that lead to death. A well-documented case includes accident reports, medical records and witness statements with expert testimonials to support the argument.

What Happens in a Texas Wrongful Death Claim?

The timeline of a Texas wrongful death trial varies depending on the case’s complexity and whether a settlement is reached. Generally, these cases take anywhere from several months to a few years, following this process:

Pre-litigation investigation: Before filing the lawsuit, your attorney investigates the case, gathering evidence and consulting experts where needed. They may negotiate with the defendant’s insurance company to try to reach a settlement without filing a lawsuit.
Filing the lawsuit: If a settlement is not possible, your attorney will file a wrongful death lawsuit in a Texas court. The defendant typically has 20 days to respond.
Discovery phase: The discovery phase is often the longest part of the process. Both sides exchange evidence, conduct depositions and build their cases. If new evidence comes to light, settlement negotiations may resume.
Mediation and settlement discussions: Many wrongful death cases are settled before going to trial. Mediation is a structured negotiation with a neutral third party and may help both sides reach an agreement. Settling can significantly shorten the legal process.
The trial: If there is no settlement, the case proceeds to trial. These can last anywhere from a few days to several weeks, depending on the number of witnesses, evidence complexity and the legal arguments presented.
Appeals: If the defendant loses, they may appeal the decision, which extends the case timeline. Your attorney will keep fighting to uphold the verdict.

How Long Does Wrongful Death Trial Take in Texas? Picture1

How to Hire the Right Lawyer for Your Case

Choosing the right attorney is critical in a wrongful death case. Look for a lawyer with a strong track record in wrongful death cases who will understand the legal nuances involved. Look for a firm with ample resources and an investigative team. Complex cases require expert witnesses, accident reconstruction specialists and medical professionals to build a strong case. Finally, a good lawyer is sensitive to your loss and strives to keep you informed about the case’s progress.

Why Trust Us

Thomas J. Henry Law has over 250 personal injury lawyers in Texas and more than 30 years of industry experience. We have the power, resources and scale to handle national personal injury cases. Our team handles all kinds of accident claims, representing clients in whistleblower protection, product liability, mass tort and child injury cases. We have access to industry-leading resources, a history of multi-million dollar results and several awards, so you know you can trust our expertise.

Get Dedicated Legal Expertise With Thomas J. Henry Law

A wrongful death trial in Texas can take months or even years, depending on case complexity, negotiations and court proceedings. It is essential to act quickly to preserve evidence, file a claim within the statute of limitations and seek an experienced attorney to guide you through the legal process.

At Thomas J. Henry Law, our team is available 24 hours a day, seven days a week, to discuss your wrongful death case so you can file in time. We offer a free initial case review, and we follow a no-win, no-fee promise. Our firm works on a contingency fee basis, so you only pay us if you win your case. We have offices in Austin, Dallas, Corpus Christi, Houston and San Antonio, so you have access to us all over the Lone Star State. We also use the latest technology to keep in touch, ensuring you get real-time updates on your case.