Waco Wrongful Death Lawyer
Compassionate Assistance for Grieving Families
Few experiences can be as devastating as losing a loved one due to the reckless or careless actions of someone else. In many instances, families dealing with this unexpected, preventable loss not only have to cope with the emotional pain and suffering that losing a loved one often brings, but they may also be confronted with costly medical bills, funeral expenses, and the loss of a crucial source of support and security.
For all of these reasons, families who lose a loved one as a result of someone else’s negligent or irresponsible behavior may be entitled to seek financial compensation. If you have lost a family member because of another person’s negligence in Waco, TX, our experienced, compassionate Waco wrongful death attorneys at the Law Offices Of Vic Feazell, P.C. can help you fight for justice and closure.
To begin filing a claim, call (254) 938-6885 to schedule a free initial consultation with our Waco wrongful death lawyers.
What is Considered Wrongful Death?
A wrongful death occurs when a person dies as a result of the negligence, recklessness, or intentional misconduct of another person, company, or entity. Texas law allows certain surviving family members to file a civil lawsuit to seek compensation for their loss.
Wrongful death claims can arise from a wide range of circumstances, including:
- Car, truck, and motorcycle accidents
- Workplace accidents and construction injuries
- Defective products or dangerous drugs
- Medical malpractice
- Criminal acts, such as assault or homicide
- Premises liability incidents (e.g., slip and fall or inadequate security)
It's important to understand that wrongful death lawsuits are separate from criminal proceedings. While a criminal case may lead to jail time or fines, a wrongful death civil case seeks monetary compensation to help the surviving family recover financially and emotionally.
To win a wrongful death claim in Texas, you must prove the following key legal elements:
- Duty of Care: You must demonstrate that the defendant owed a duty of care to the deceased. For example, drivers have a duty to obey traffic laws, and doctors have a duty to provide competent medical treatment.
- Breach of Duty: You must show that the defendant breached this duty through negligence, recklessness, or intentional misconduct.
- Causation: You must establish that the breach of duty directly caused the death. This means proving that the death would not have occurred but for the defendant’s actions.
- Damages: Finally, you must prove that the death resulted in quantifiable damages for the surviving family members, such as financial losses and emotional suffering.
Successfully proving these elements often requires thorough investigation, expert testimony, and skilled legal advocacy—services that the Law Offices Of Vic Feazell, P.C. proudly provides to clients in Waco and surrounding Texas communities.
Who Can File a Wrongful Death Claim?
In Texas, only certain individuals are eligible to file a wrongful death claim after the loss of a loved one. Unfortunately, non-family members, such as friends and unmarried partners, are not allowed to bring wrongful death lawsuits in Texas. Additionally, the state does not allow siblings, adoptive or biological, to seek compensation for wrongful death.
In Texas, the following individuals are permitted to file wrongful death claims:
- The surviving spouse
- A surviving child or children (minors and adults)
- An adoptive child (if fully and legally adopted)
- The surviving parent(s)
- An adoptive parent (if the child was legally adopted)
Eligible family members can file wrongful death claims individually or collectively, but they should do so within three months of the date of death. After three months, the personal representative/executor of the decedent’s estate may bring a wrongful death claim if the surviving spouse, children, or parents have not yet done so. Surviving family members may explicitly request that no wrongful death claim be brought, which can prevent the representative/executor of the decedent’s estate from filing a claim.
What Types of Compensation Can Families Recover?
As with personal injury claims, the purpose of filing a wrongful death lawsuit is to recover monetary damages. In some cases, the defendant may also face criminal charges, such as negligent manslaughter, homicide, or murder. However, the proceedings and outcome of a criminal case are separate from and do not necessarily affect the civil wrongful death lawsuit.
When filing a wrongful death lawsuit, surviving family members can seek financial compensation for both economic and non-economic losses. Damages in wrongful death cases are awarded based on compensation owed to the decedent from the moment of death due to negligent or wrongful conduct, as well as losses experienced by the family.
Depending on the specifics of your case, you could be eligible to receive the following types of compensation in your wrongful death case:
- Medical expenses related to the decedent’s treatment for their final illness/injury
- Reasonable funeral and/or burial costs
- Loss of income and other financial benefits provided by the decedent
- Loss of expected inheritance
- The value of services and support provided by the decedent
- Loss of care, counsel, guidance, and maintenance the decedent would have provided
- Mental and emotional pain, suffering, and anguish experienced by the surviving loved ones
- Pain and suffering endured by the decedent
- Loss of love, companionship, consortium, and comfort
In some cases, the court may also award exemplary damages. Also known as “punitive damages,” these are not meant to compensate claimants for specific losses they endured but, rather, to punish the defendant for willful, wanton, or intentional conduct or egregious negligence that caused the wrongful death. Exemplary damages are relatively rare but may be awarded in cases involving reckless drunk driving, assault, homicide, or other similar acts.
In Texas wrongful death cases, damages are divided among all family members according to their losses, as determined by the court. For more information, contact our Waco wrongful death attorneys today for a free and confidential consultation.
FAQs About Wrongful Death Claims in Waco, TX
How long do I have to file a wrongful death lawsuit in Texas?
Texas has a two-year statute of limitations from the date of death. Exceptions may apply in certain cases, so it’s important to speak with a Waco wrongful death attorney as soon as possible.
Can I still file a lawsuit if a criminal case is ongoing?
Yes. A wrongful death claim is a civil matter, separate from criminal proceedings. You can pursue financial compensation even if no criminal charges are filed—or if the accused is found not guilty in criminal court.
What if the deceased contributed to the accident?
Texas follows a modified comparative negligence rule. If the deceased was less than 51% at fault, the surviving family may still recover damages—though the compensation may be reduced proportionally.
How long do wrongful death cases take to resolve?
The duration varies depending on the complexity of the case, the willingness of the defendant to settle, and the need for litigation. Some cases resolve in months, while others may take over a year.
Will my case go to trial?
Many wrongful death cases are settled outside of court. However, if the insurance company or responsible party refuses to offer a fair settlement, our attorneys are fully prepared to take your case to trial.
Seeking Justice for Your Loved One
Our Waco wrongful death lawyers at the Law Offices Of Vic Feazell, P.C. understand how overwhelming both emotionally and financially a wrongful death case can be. We are dedicated to helping families in the community that have been affected by the tragic death of a loved one. Let our team help you and your family inside and outside the courtroom during this difficult time.
Schedule a free consultation with our Waco wrongful death attorneys by calling (254) 938-6885.