Wrongful Death Claim

The purpose of a wrongful death claim is to help make whole those who have lost a loved one from a completely preventable accident. The attorneys at the Buckley Law Group have years of experience in representing those with a wrongful death claim, whether it was a result of medical malpractice, car accident, a defective product, or other situations resulting from someone’s negligence. Texas Statute section 71.002 states that a person is liable for damages arising from an injury that results in an individual’s death if the injury was caused by the person’s wrongful act, neglect, carelessness, unskillfulness, or default. If you have lost a loved one, you understand that along with the pain of lost companionship, you also face many financial hardships including lost income, potential medical bills, and funeral expenses. In Texas, a plaintiff can recover damages including:

  • Lost earnings
  • Future lost earning capacity
  • Funeral costs
  • Pain and suffering
  • Mental anguish
  • Loss of companionship


Although a death can impact many people beyond family, in Texas, only certain family members are entitled to bring a wrongful death claim. Among those entitled are the deceased’s spouse, children, including adopted and adult children, and parents. Additionally, if a wrongful death claim is not filed within three months of the time of death, the personal representative or executor of the estate can file the claim.


Different time limitations are applied to cases, depending on the type of claim. This establishes a maximum time in which a plaintiff can file their case. If the case is not filed within the set time period, the case is barred and the court will usually dismiss the case. Texas allows a wrongful death claim to be filed within two years from the date of the deceased’s death. However, if the plaintiff wishes to file a survival action, the statute of limitations is two years from the date of injury.
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