Wrongful Death Attorney in Waco, Texas

Under the Texas Wrongful Death Act, a person or company may be liable when a death is caused by their wrongful act, neglect, carelessness or default. The claim belongs to the surviving family and addresses what the family lost. Fault must still be proved, and Texas comparative fault rules apply to these claims.

The surviving spouse, children and parents may bring the claim, and any one of them may file for the benefit of all. If none has filed within three months of the death, the estate's executor or administrator generally must bring it unless the family asks otherwise. Parents may bring the claim for an adult child as well as a minor.

A survival claim belongs to the estate rather than the family. It covers what the person suffered before death, such as medical expenses and the pain and mental anguish they experienced, and it is generally brought by the estate's representative. The two claims are often pursued together, and we coordinate both.

Depending on the facts, a claim may address funeral and burial expenses, lost earning capacity and support, loss of companionship and society, and mental anguish for each family member. Exemplary damages, which punish rather than compensate, are available only in limited cases, generally where the death resulted from a willful act or gross negligence.

Many begin with a crash on Interstate 35, Highway 6 or a Waco street, often involving a commercial truck. Others arise from workplace incidents or dangerous premises. We gather reports, records and witness statements, send preservation letters asking that video and data be kept, and keep your family informed at each step.