Texas Wrongful Death Law Firm
Over 20 Years of Experience. Millions Recovered for Our Clients
Hiring McKay Law Means The Most Money For You!
Never Settle For The Minimum
Talk To Us Right Now!
If you’ve lost a loved one due to a wrongful death in Texas, you may be entitled to financial compensation. Contact our Texas wrongful death attorneys at McKay Law at (214) HURT-NOW for a free case review.
For over 20 years, the legal team at McKay Law has been committed to seeking justice for families affected by wrongful death across Texas. We’re here to help you hold responsible parties accountable and work to secure the compensation you deserve. Give us a call or reach out to us via email today.
Why Should I Hire a Texas Wrongful Death Attorney?
At McKay Law, our Texas wrongful death attorneys bring over 20 years of experience to the table, handling even the most sensitive and complex cases. Based in the heart of Texas, we understand the profound challenges you face after losing a loved one and know what it takes to secure justice on your behalf. We’ve recovered millions for families across the state, and we’re prepared to do whatever it takes to help you achieve a meaningful settlement or verdict.
When you choose our Texas law firm to represent you in a wrongful death case, we will:
- Provide compassionate support and guidance during this incredibly difficult time
- Listen to your story and use it as the foundation for our investigation
- Conduct a thorough examination of the events leading up to and surrounding your loved one’s passing
- Collect and analyze critical evidence, such as police reports, medical records, photos, videos, and witness statements, to establish causation, fault, and liability
- Handle all communication with insurance companies and other involved parties
- Challenge any claims that attempt to shift blame onto your loved one and work to minimize their impact
- Collaborate with medical experts, financial analysts, and other specialists to determine the full value of your claim, including loss of income, companionship, and emotional suffering
We won’t let insurance companies or other parties undervalue the loss you’ve endured. Our Texas trial lawyers are fully prepared to take your case to court if necessary. Our reputation in the courtroom is well-known, and opposing parties understand the risks of facing us before a jury. This gives you a significant advantage from the outset. With a Texas wrongful death attorney on your side, you can focus on healing while we fight tirelessly to secure the justice and compensation you deserve.
How Much is My Wrongful Death Case Worth?
The unexpected loss of a loved one due to someone else’s negligence can have a profound financial and emotional toll on your life. From funeral expenses to lost income, emotional suffering, and more, the impact can be devastating. Fortunately, Texas law allows families to seek compensation for their losses through a wrongful death claim. To ensure you accurately assess the value of your case, it’s crucial to work with an experienced Texas wrongful death attorney. Here are some key factors to consider when evaluating your claim:
- What were the financial contributions of your loved one to your household? How will their absence affect your family’s financial stability?
- Did your loved one provide essential services, such as childcare or caregiving, that now require replacement?
- What are the funeral and burial costs associated with your loved one’s passing?
- How has the loss affected your family emotionally? Are you dealing with grief, depression, or other mental health challenges?
- Were there any medical expenses incurred before your loved one’s passing as a result of the incident?
- How has the loss impacted your family’s daily life and future plans?
- Are there any punitive damages applicable in your case to hold the responsible party accountable?
Our law firm has been a trusted advocate for families across Texas for years. During this time, we’ve built strong relationships with some of the most respected experts in the state. These professionals provide critical insights during the valuation process, helping us thoroughly examine the details of your case to determine its full value.
What Damages Are Available If I’m Experiencing A Wrongful Death in Texas?
In Texas, compensation for wrongful death claims typically falls into two categories: economic damages and non-economic damages. In certain cases, punitive damages may also be considered to penalize egregious misconduct.
What Are Economic Damages?
Economic damages are intended to cover the financial losses and expenses resulting from the wrongful death of a loved one.
These may include:
- Funeral and burial expenses
- Medical expenses incurred prior to the deceased’s passing (such as emergency care, surgeries, or hospital stays)
- Loss of financial support the deceased would have provided
- Loss of inheritance
- Loss of household services (e.g., childcare, maintenance, or other contributions the deceased made to the family).
The goal of economic damages is to provide financial relief to the surviving family members and restore some of the financial stability lost due to the death.
What Are Non-Economic Damages?
The loss of a loved one often brings profound emotional and psychological pain that cannot be quantified in monetary terms. Non-economic damages are awarded to address these intangible losses.
Examples of non-economic damages include:
- Mental anguish and emotional distress
- Loss of companionship and society
- Loss of love and comfort
- Loss of guidance, care, and support
- Pain and suffering experienced by the deceased prior to death.
Texas does not impose a cap on non-economic damages in most wrongful death cases, though exceptions may apply, such as in medical malpractice claims. The value of non-economic damages is often influenced by the extent of economic damages and the circumstances surrounding the death.
We Handle All Wrongful Death Cases in Texas
At McKay Law, we represent clients in wrongful death cases arising from:
- Frontal collisions
- Rear-end collisions
- Sideswipes
- T-Bone accidents
- Rollovers
- Highway crashes
- Interstate crashes
- Single-vehicle crashes
- Multiple vehicle crashes
- Speeding accidents
- Intersection accidents
- Red and yellow light accidents
- Uber accidents
- Lyft accidents
- Truck accidents
- Accidents involving bicyclists and pedestrians
- And more.
We are dedicated to seeking justice for families who have lost loved ones due to the negligence or wrongful actions of others.
What Causes Wrongful Deaths in Texas?
Losing a loved one is a devastating experience. The pain is magnified when the death was caused by the negligence or recklessness of another person or entity. In Texas, the law provides a path for families to seek justice and financial stability through a wrongful death claim. These claims arise from preventable tragedies that should never have happened. Understanding the common causes can shed light on how these heartbreaking events occur and why legal action becomes necessary.
This post will explain how specific negligent actions frequently lead to fatal outcomes and form the basis for wrongful death lawsuits in Texas. We will explore how families can hold responsible parties accountable for the immense loss they have suffered.
Distracted Driving: A Moment of Negligence, a Lifetime of Loss
A driver’s primary responsibility is to pay attention to the road. When they fail to do so, the consequences can be fatal. Distracted driving occurs when someone takes their eyes off the road, their hands off the wheel, or their mind off the task of driving. This can include texting, talking on the phone, adjusting the radio, or even being lost in thought.
In the context of a wrongful death claim, a fatal accident caused by a distracted driver is a clear case of negligence. A moment of inattention can prevent a driver from seeing a pedestrian, a cyclist, or another vehicle in their path until it is too late. For the families left behind, knowing that their loved one’s death was caused by a preventable and careless act is a heavy burden to bear. A wrongful death lawsuit aims to hold the distracted driver accountable for their catastrophic failure of duty.
Following Too Closely: Removing the Margin for Survival
Texas roads and highways are often crowded, but every driver is required to maintain a safe following distance. Tailgating, or following too closely, drastically reduces the reaction time a driver has to avoid a collision. When the vehicle in front stops suddenly, a tailgating driver has virtually no time to brake, leading to high-impact rear-end collisions.
These types of crashes are often deadly, especially for occupants of the front vehicle. The force of the impact can be immense, leading to catastrophic results. When a person’s life is cut short because another driver failed to leave a safe cushion of space, it constitutes negligence. Grieving families are then faced with pursuing a wrongful death claim to seek justice for a tragedy that was entirely avoidable.
Failure to Yield Right-of-Way: A Fatal Disregard for the Rules
Traffic laws exist to create order and prevent collisions. Rules regarding right-of-way are among the most critical for road safety. When a driver fails to yield at an intersection, a stop sign, or when merging, they place others in immediate danger. These actions often result in T-bone or head-on collisions, which have a high probability of causing fatal injuries.
A driver who runs a red light or pulls out in front of oncoming traffic demonstrates a blatant disregard for the safety of others. When this recklessness leads to a person’s death, the surviving family members have the right to file a wrongful death lawsuit. The claim asserts that the driver’s failure to follow basic traffic laws directly caused the loss of their loved one’s life.
Speeding: Turning Accidents into Fatalities
Speed limits are not suggestions; they are laws based on road design, traffic patterns, and safety considerations. When a driver chooses to speed, they significantly increase the risk of a fatal accident. Higher speeds reduce a driver’s ability to control the vehicle, extend the distance needed to stop, and dramatically increase the force of impact in a crash.
What might have been a minor fender-bender at a legal speed can become a deadly collision when excessive speed is involved. The sheer physics of a high-speed crash often leads to outcomes that are not survivable. For families devastated by such a loss, a wrongful death claim is a means to hold the speeding driver responsible for their reckless decision and the irreversible harm it caused.
Drunk Driving: A Reckless Choice with Deadly Consequences
Driving under the influence of alcohol or drugs is one of the most dangerous and selfish acts a person can commit. Impaired drivers have slowed reaction times, poor judgment, and reduced coordination, making them a lethal threat on the road. Texas sees a tragic number of alcohol-related fatalities each year, each one representing a life cut short and a family torn apart.
There is no excuse for drunk driving. When an impaired driver causes a fatal accident, it is a clear-cut case of gross negligence. Surviving family members are left to cope with the senseless loss of a loved one due to another person’s criminal behavior. A wrongful death lawsuit not only seeks financial compensation for the family’s immense suffering but also serves to hold the driver accountable for their egregious actions.
Improper Passing: A High-Risk Maneuver That Ends in Tragedy
Safely passing another vehicle requires careful judgment and adherence to traffic laws. An improper pass, such as passing in a no-passing zone or misjudging the speed of oncoming traffic, can lead to some of the most horrific types of accidents: head-on collisions. These crashes are frequently fatal due to the combined forces of both vehicles.
When a driver’s impatience or recklessness during a passing maneuver results in the death of another person, they can be held liable. The family of the victim can pursue a wrongful death claim based on the driver’s negligent and dangerous decision-making that directly caused the fatal collision.
Road Defects: When Public Entities Fail in Their Duty
Drivers are not always the only party at fault. Sometimes, the condition of the road itself is the primary cause of a fatal accident. Government entities have a responsibility to design, build, and maintain safe roads. When they fail in this duty, they can be held responsible for the consequences.
Potholes, sharp and unmarked curves, missing guardrails, or faded signage can all lead to a driver losing control of their vehicle and causing a deadly crash. In these cases, a wrongful death claim may be brought against the city, county, or state entity responsible for road maintenance. These claims are complex but essential for holding government bodies accountable for their negligence.
Defective Vehicles: When Mechanical Failure Leads to Lost Lives
In some tragic cases, a driver does everything right, but a failure in their vehicle leads to a fatal accident. Brakes that fail, tires that blow out, or airbags that malfunction can all cause a driver to lose control with deadly results.
When a defective vehicle part is the cause of a fatality, the manufacturer of the vehicle or the faulty component can be held liable through a product liability-based wrongful death claim. These lawsuits argue that the company’s defective product directly led to the loss of life. Such claims are vital for compensating grieving families and for pressuring manufacturers to prioritize safety and prevent future tragedies.
Seeking Justice After a Preventable Loss
No amount of money can ever replace a lost family member. However, a wrongful death claim can provide a measure of justice and financial security for families struggling with medical bills, funeral costs, and the loss of income. If you have lost a loved one due to the negligence of another, know that Texas law provides a path to hold the responsible party accountable.
Texas Wrongful Death Statistics
Texas, with its population exceeding 30 million, is one of the most populous states in the U.S. While its size and growing population bring economic opportunities and cultural diversity, they also contribute to a troubling reality: a significant number of wrongful death cases, particularly those stemming from motor vehicle accidents.
The state’s expansive road networks and heavy traffic congestion often lead to tragic outcomes. In 2023 alone, Texas saw an average of more than 1,200 motor vehicle accidents daily, many of which resulted in fatalities that could have been prevented.
Here’s an in-depth look at wrongful death statistics related to car accidents in Texas during 2023.
Fatal Collisions in Texas: A Leading Cause of Wrongful Death
According to data from the Texas Department of Transportation, there were 3,522 fatal car accidents reported in 2023. These crashes claimed the lives of thousands, including:
- 1,456 motorists
- 732 passengers
- 184 bicyclists
- 1,150 pedestrians
While the total number of fatalities showed a slight decline compared to 2022 (when 3,896 lives were lost), the impact of these wrongful deaths remains devastating for families and communities across the state.
The Human Toll of Wrongful Death Cases
Beyond the numbers, each wrongful death represents a life cut short and a family left to grapple with emotional and financial hardships. Many of these fatalities are the result of negligence, such as distracted driving, impaired driving, or failure to follow traffic laws. These preventable actions often form the basis for wrongful death claims, as families seek justice and accountability for their loved ones.
Geographic Trends in Wrongful Death Cases
Major metropolitan areas like Houston, Dallas, and Austin consistently report the highest number of fatal collisions, reflecting the challenges of urban traffic and population density. In contrast, rural areas, while less congested, often see higher fatality rates per accident due to factors like higher speeds and delayed emergency response times.
A Path Toward Justice and Safer Roads
While Texas has made strides in reducing traffic fatalities, the prevalence of wrongful death cases highlights the need for continued efforts in road safety, public awareness, and legal accountability. For families affected by wrongful death, understanding their legal rights is a critical step in seeking justice and closure.
By addressing the root causes of these tragedies and holding negligent parties accountable, Texas can work toward a future where fewer families endure the pain of losing a loved one to preventable accidents.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
In Texas, the statute of limitations for wrongful death lawsuits is generally two years from the date of the deceased’s passing.
However, there may be exceptions that extend this timeline. For instance, if the wrongful death claim involves a minor beneficiary or if the cause of death wasn’t immediately apparent despite reasonable diligence, additional time may be granted to file the claim.
If the wrongful death involves a government employee or agency, the timeline to act is significantly shorter. Claims against the government are subject to strict deadlines, often requiring action within weeks rather than years.
What Should I Do After a Wrongful Death in Texas?
The loss of a loved one due to someone else’s negligence is a devastating experience. In Texas, wrongful death claims provide a legal pathway for families to seek justice and compensation for their loss. The steps you take and the decisions you make after such a tragedy are crucial for honoring your loved one’s memory and protecting your family’s future.
Here’s a breakdown of what you should (and should not) do if you’re considering a wrongful death claim in Texas:
Understand Your Rights: Texas law allows certain family members—such as spouses, children, and parents—to file a wrongful death claim. Knowing who is eligible to pursue legal action is the first step in seeking justice.
Preserve Evidence: Collect and safeguard any evidence related to the incident. This could include medical records, accident reports, photographs, witness statements, and correspondence. Strong evidence is essential to building a compelling case.
Seek Legal Guidance Immediately: Wrongful death cases are complex and emotionally charged. Consulting an experienced wrongful death attorney as soon as possible ensures that your rights are protected and that you meet all legal deadlines, such as the statute of limitations.
Avoid Speaking with Insurance Companies Alone: Insurance adjusters may attempt to contact you, but their goal is often to minimize payouts. Avoid making statements or accepting settlements without consulting your attorney, as this could jeopardize your claim.
Don’t Accept Early Settlement Offers: While it may be tempting to resolve the matter quickly, early settlement offers are often far below what you may be entitled to. A skilled attorney can help you evaluate the true value of your claim and negotiate for fair compensation.
Focus on Your Family’s Well-Being: Grieving the loss of a loved one is an emotional and challenging process. Prioritize your family’s emotional and physical health by seeking support from counselors, support groups, or trusted friends and family members.
Let Your Lawyer Handle the Legal Process: A wrongful death attorney will manage all aspects of your case, from investigating the incident to negotiating with insurance companies and representing you in court if necessary. This allows you to focus on healing while your lawyer works to secure justice.
If you’ve lost a loved one due to someone else’s negligence in Texas, don’t hesitate to seek legal assistance. An experienced wrongful death attorney can guide you through the process, protect your family’s rights, and help you pursue the compensation you deserve.
How Much Does it Cost to Hire a Wrongful Death Lawyer?
McKay Law in Texas handles wrongful death cases on a contingency fee basis, ensuring you don’t have to worry about legal costs unless we win your case. We take care of all upfront expenses and assume the financial risk, so you can focus on what matters most. Our payment is a pre-agreed percentage of your net award, collected only after we successfully secure a settlement or jury verdict on your behalf. This approach is simple, transparent, and completely risk-free for you.
How Does No-Fault Insurance Affect My Wrongful Death Claim?
After the tragic loss of a loved one in a wrongful death incident, insurance is often the first place families turn for compensation. In Texas, which follows an “at-fault” insurance system, the party responsible for causing the fatal accident is also responsible for covering the resulting damages. This typically involves filing a claim with the at-fault party’s insurance provider, though in some cases, you may also need to rely on your own policy.
Unfortunately, insurance companies are not known for making this process easy. They often look for ways to deny claims or reduce the amount they owe, even in cases of devastating loss. Without standing firm, these tactics could leave you without the full compensation your family deserves.
Insurance providers are highly skilled at navigating the claims process to their advantage, and they’d prefer to deal with grieving families directly rather than face an experienced attorney. That’s why it’s critical to involve a Texas wrongful death lawyer as soon as possible. At McKay Law, we understand the emotional and financial challenges you’re facing and have years of experience holding insurers accountable. Contact us today, and we’ll fight tirelessly to ensure you receive the justice and compensation you’re entitled to.
Contact Our Texas Wrongful Death Attorneys Today For Legal Help
Have you lost a loved one due to a wrongful death incident in Texas? Contact McKay Law for compassionate legal support and immediate assistance. You may be entitled to compensation for funeral expenses, loss of income, emotional suffering, and other damages. Our experienced Texas wrongful death attorneys are dedicated to helping you seek justice and secure the compensation you and your family deserve.
We offer free consultations to discuss your case. Call any of our Texas law offices today to schedule yours. If you’re unable to visit us, we can arrange to meet you at a location that’s convenient for you—whether it’s your home, the hospital, or another place of your choosing. Don’t delay—there are strict deadlines for filing a wrongful death claim. Contact us now to begin the process.
Related Links
Practice Areas
Our Office Locations