Wrongful death cases are a specific subset of personal injury cases. While standard personal injury claims deal with a situation brought about by the negligence of one party in which another party is injured, wrongful death claims refer to cases in which the victim dies due to those injuries. Claims for wrongful death are filed in response to a variety of situations, including motor vehicle accidents, pedestrian accidents, workplace accidents, nursing home neglect and abuse incidents, product liability cases, and medical malpractice cases, among others.

In the State of Texas, the law defines wrongful death and outlines who can file a wrongful death lawsuit. Wrongful death claims can be brought by a surviving family member, on behalf of his or her deceased loved one, including the spouse, children, and/or parents of the deceased. The basis of the claim is that the negligent conduct of an individual was the direct cause of the victim’s death.

If a Texas wrongful death claim is successful, the deceased individual’s surviving spouse, children, parents, or other beneficiaries will have damages awarded by the court. The most common damages awarded often include a range of economic and non-economic losses. The losses that are most typically recoverable through a wrongful death claim in the Lone Star State include the following:

  • lost earning capacity, including future wages that the deceased can no longer provide,
  • lost benefits the deceased would have provided by way of employment,
  • lost inheritance, including what the deceased would likely have been able to save had he or she lived, to pass on to family members,
  • lost care, services, and other support the deceased would have been able to provide for his or her family members,
  • lost familial companionship, marital consortium, and general relationship/personal connection the deceased would have provided, and
  • psychological and emotional suffering experienced by family members.


Wrongful death cases are extremely emotional for surviving family members. Under the circumstances, it is not advisable that those family members handle their claims on their own; they should seek out assistance from an experienced wrongful death attorney who can fully investigate personal injury claims that have resulted in death. A skilled attorney will gather evidence to prove liability and handle the communication with all the other involved parties; he will file the wrongful death lawsuit in court, so the bereaved family members do not have to worry as much about dealing with the added stress of the legal action on their own.

If you need the services of a reputable wrongful death attorney in the South Texas area, do not hesitate to reach out to Manuel “Manny” Guerra of Guerra Law Firm, P.C. When you need an experienced personal injury lawyer you can trust to help you with your wrongful death case, you can be sure that the competent and caring counsel at Guerra Law will work hard to help you reach the best possible outcome so you can focus on dealing with your loss. Contact Guerra Law Firm, P.C. at any time online or by calling 956-618-2557 for a free consultation.