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When tragedy strikes unexpectedly, families are left reeling—not only from emotional devastation but also from sudden legal and financial uncertainty. At Barr Law, PLLC, we represent families across Texas who have lost a loved one due to preventable accidents, offering both legal support and compassionate guidance when it’s needed most.
In this blog, we’ll explain when an accidental death may qualify as a wrongful death under Texas law, who can take legal action, what compensation may be available, and why timing is critical.
A wrongful death occurs when someone dies due to another party’s negligence, recklessness, or misconduct. In the context of accidental deaths, wrongful death lawsuits often stem from situations where reasonable care was not taken to prevent harm.
While not every accident qualifies for a wrongful death claim, many do—particularly when involving:
1. Car Accidents
Texas consistently ranks among the highest in the nation for fatal traffic accidents. When a loved one is killed in a crash caused by speeding, drunk driving, texting, or other negligent behavior, their family may be entitled to compensation.
2. Drowning Accidents
Drowning is a leading cause of unintentional death, particularly for young children. These tragedies often occur at private pools, public facilities, hotels, or during events lacking proper supervision or barriers. Property owners may be held liable under premises liability laws if they failed to maintain a safe environment.
3. Workplace Accidents
In hazardous industries such as construction, oil and gas, and manufacturing, workplace fatalities can result from safety violations, defective equipment, or poor training. While workers’ compensation may apply, families may also pursue third-party wrongful death claims in certain situations.
4. Dangerous Property Conditions
Slip and fall injuries, structural collapses, or fires in residential or commercial properties can result in fatal injuries. If the property owner failed to warn visitors or correct known hazards, they may be held accountable under Texas law.
Texas law permits only certain individuals to file a wrongful death lawsuit, including:
If none of these individuals bring a claim within three months of the death, the executor or administrator of the estate may file a claim on behalf of the estate and the surviving family under Texas Civil Practice and Remedies Code Ch. 71.
Wrongful death lawsuits seek to compensate families for both financial and emotional losses, such as:
Every case is unique, and damages vary depending on the circumstances and the relationship to the deceased.
In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death. However, certain factors—such as government liability, delayed discovery, or the age of the surviving children—can impact this timeline.
It’s critical to consult an attorney as soon as possible to preserve evidence and meet legal deadlines.
Wrongful death claims are complex, often involving insurance companies, multiple liable parties, and sensitive family dynamics. At Barr Law, PLLC, we understand that grieving families need both emotional support and experienced legal advocacy.
We help you by:
You don’t have to go through this alone. We manage the legal burden so you and your family can focus on healing.
If your family is grieving after an unexpected death due to an accident, you deserve answers—and the opportunity to hold the responsible party accountable. We’re here to guide you with compassion, experience, and resolve.
Reach out today, and let Barr Law guide you with strategic counsel and unwavering support from the outset of your legal matter.
Copyright 2025 © All Right Reserved Barr Law, PLLC. Design by JSBC Marketing