What Texas families should expect in a wrongful death case.
No family plans for this. This guide walks through how the process actually works — the claims, the timeline, where probate fits, and what your family does and does not have to carry.
Wrongful death, survival, and how probate fits.
Texas law recognizes two related claims after a preventable death. The Texas Wrongful Death Act gives the surviving spouse, children, and parents claims for their own losses — lost financial support and household contributions, and the loss of companionship, guidance, and society. A separate survival claim belongs to the estate itself, for what the person who died experienced.
Because the survival claim runs through the estate, probate often intersects with these cases: someone may need to be appointed to represent the estate, and how the estate is administered can affect how the case proceeds and how any recovery is distributed. Families should not have to become probate experts in the middle of grief — a properly staffed legal team coordinates both tracks and explains each decision as it comes.
What happens, roughly in order.
First comes investigation and preservation: the crash or incident is independently investigated, evidence is preserved, and every responsible party and insurance policy is identified. Then the damages work: financial experts, medical records, and the careful, respectful development of what the loss means for each family member. Then claims and negotiation — presenting the case to defendants and insurers with the leverage of genuine trial readiness. Most cases resolve there; those that do not go to trial with a family that has been prepared, informed, and supported throughout.
Serious cases take time — often more than a year, sometimes longer. That timeline usually serves the family: resolving before the full picture of loss is developed almost always means resolving for less than the case is worth.
The division of labor.
Your family’s role is limited and humane: share the story, provide documents and records as they are gathered, make the major decisions when they arise, and take care of each other. The legal team carries the rest — the investigation, the experts, the filings, the insurers, the deadlines, and the communication cadence that keeps you informed without requiring you to manage anything.
There is no attorney fee unless there is a recovery, and consultations are free. Families sometimes wait to call because they are not ready to “start a lawsuit.” A consultation starts nothing — it simply protects options while your family decides at its own pace.
Answers before you reach out.
Do we have to decide anything right away?
Very little. The main early issues are evidence preservation and avoiding missteps like broad recorded statements or quick releases. A consultation protects your options without committing your family to anything.
What is the difference between a wrongful death claim and a survival claim?
The wrongful death claim belongs to the surviving spouse, children, and parents for their own losses. The survival claim belongs to the estate for what the person who died experienced. Cases often include both, and probate decisions can affect who brings the survival claim.
Will our family have to relive everything in court?
Most cases resolve without trial, and a prepared legal team carries the investigative and procedural burden throughout. When trial is necessary, careful preparation means your family is supported at every step and never surprised.
Questions about your situation?
A free consultation costs nothing and creates no obligation. LOAR will help you understand the next step — whether or not the firm is the right fit.