Losing someone you love because of another person’s carelessness is a different kind of loss, and no lawsuit can undo it. What the law can do is hold the responsible party accountable and provide for the family left behind. As a San Angelo wrongful death lawyer, Scott Templeton handles these cases with the care they require.
Templeton Law Firm has stood with grieving families across West Texas for more than 25 years. We handle the legal side with steadiness and respect, so your family has room to grieve.
The consultation is free. Call (325) 482-9120 or contact us online. You pay nothing unless we recover.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil case brought when someone dies because of another party’s negligence or wrongful act. It exists to compensate the surviving family for the loss of their loved one and to hold the at-fault party responsible.
It is separate from any criminal case that might arise from the same event. A criminal case punishes the wrongdoer, while a wrongful death claim is about the family’s losses and their right to be made whole.
The claim can arise from many causes, including vehicle crashes, unsafe premises, defective products, and workplace incidents. What they share is that someone’s preventable conduct took a life.
A wrongful death claim does not require that anyone be charged with a crime. It only requires showing that another party’s negligence or wrongful act caused the death, which is a civil standard separate from the criminal system.
Two Separate Claims: Wrongful Death and Survival
One death can give rise to two different legal claims under Texas law, and most families do not know this. Understanding the difference matters, because each one compensates a different loss and belongs to different people.
The wrongful death claim belongs to the surviving family for their own losses. The survival claim belongs to the deceased person’s estate for what your loved one experienced before passing.
Wrongful Death Claim vs. Survival Claim
| Wrongful Death Claim | Survival Claim | |
| Who it belongs to | Surviving spouse, children, and parents | The deceased person’s estate |
| What it compensates | The family’s loss of support, companionship, and grief | The deceased’s pre-death pain, medical bills, and funeral costs |
| Who brings it | A qualifying family member | The estate’s executor or administrator |
The survival claim is handled through the deceased person’s estate, a process overseen by the Texas court system, which manages probate and related matters.
Both claims often proceed together in the same lawsuit. Handling them correctly ensures the family and the estate each recover what the law allows.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law limits who may file a wrongful death claim to a specific group: the surviving spouse, children, and parents of the person who died. These family members can file together or individually.
This is set out in the Texas statutes, which define who holds the right to bring the claim and how it works.
Notably, siblings cannot bring a wrongful death claim under Texas law, even when they were close to the person who died. This surprises many families, and it is one reason to get clear guidance early.
The Three-Month Rule
If the qualifying family members do not file within three months of the death, the executor or administrator of the estate may file on their behalf. The exception is when the family specifically asks the executor not to.
This rule exists so the claim is not lost while a family is grieving. Still, waiting is risky, because the overall filing deadline continues to run.
You do not have to sort this out alone. Call (325) 482-9120 or contact us online when you are ready.
What Can a Family Recover in a Wrongful Death Case?
A wrongful death claim can compensate a family for both financial and personal losses. No amount of money replaces a person, but recovery can provide security and a measure of accountability.
Recoverable damages can include:
- Lost financial support the person would have provided
- Lost care, maintenance, services, advice, and counsel
- Loss of love, companionship, comfort, and society
- Mental and emotional anguish of the surviving family
- Lost inheritance the person would likely have left
The survival claim adds recovery for what your loved one endured, including medical expenses, funeral costs, and the pain they suffered before death. Together, the two claims account for the full scope of the loss.
When Punitive Damages May Apply
In some wrongful death cases, Texas law allows exemplary damages, also called punitive damages. These are available when the death was caused by a willful act or by gross negligence.
Unlike other damages, punitive damages are not meant to compensate the family. They exist to punish especially reckless or intentional conduct and to deter others from doing the same.
Whether they apply depends on the facts and the level of the wrongdoer’s misconduct. When the evidence supports it, this can significantly affect the case.
The Texas Filing Deadline
Texas generally gives families two years from the date of death to file a wrongful death claim. Missing this deadline can permanently end the right to recover, regardless of how strong the case is.
There are limited exceptions that can change the timeline, such as cases involving minors or certain delayed discoveries. Because these exceptions are narrow and fact-specific, confirming your deadline early is important.
Beyond the legal deadline, evidence fades over time. Acting while records, vehicles, and witness memories are still available helps preserve the strength of the case.
How We Handle Wrongful Death Cases
Our first job is to take the legal weight off your family’s shoulders. That means handling the investigation, the paperwork, and the insurance companies so you can focus on each other.
We investigate what happened, identify everyone who may be responsible, and build the case around the full extent of your family’s loss. Where the case can be resolved fairly through settlement, we pursue that; where it cannot, we prepare it for trial.
Wrongful death cases are handled on a contingency fee basis. There is no upfront cost, and you owe no attorney’s fee unless we recover for your family.
What Causes Wrongful Death Claims in West Texas?
Wrongful death claims in the San Angelo area arise from the same dangers that cause serious injuries here. The difference is the tragic outcome, and often the same conduct is to blame.
Common causes we see include:
- Car, truck, and motorcycle crashes on area highways
- Commercial and oilfield vehicle accidents
- Workplace and industrial incidents
- Unsafe property conditions and fatal falls
- Defective products and equipment
The energy and agriculture industries that drive the West Texas economy also carry real risks. When a company or driver cuts corners on safety, the consequences can be fatal.
Identifying every responsible party is central to these cases. A fatal crash involving a commercial vehicle, for example, may involve both a driver and the company that employed them.
How the Legal Process Works
Understanding the road ahead can bring a small measure of steadiness during a hard time. While every case is different, the general path is predictable.
Investigation and Filing
The case begins with a careful investigation into what happened and who is responsible. Once the responsible parties and the qualifying family members are identified, the claim is filed within the legal deadline.
Gathering evidence early is important, because physical evidence and witness memories fade. This is where having a lawyer act promptly makes a real difference.
Resolution or Trial
Many wrongful death cases resolve through a negotiated settlement once liability and damages are clear. A fair settlement can spare a family the added strain of a trial.
When the responsible party will not offer a fair resolution, the case is prepared for trial. Building every case as if it will be tried is what creates the leverage to settle on fair terms.
Why Families Choose Templeton Law Firm
After a sudden loss, a family needs a lawyer who will treat their case, and their loved one, with respect. Scott Templeton has spent more than 25 years representing people in West Texas, not insurance companies.
That experience matters when the other side is a company with its own lawyers and adjusters working to limit what it pays. We handle that pressure so your family does not have to.
Just as important, we keep you informed and let you set the pace. You will always understand where your case stands and what the next step is.
Talk to a San Angelo Wrongful Death Lawyer Today
When your family is ready, we are here to explain your options clearly and carry the legal burden for you. Templeton Law Firm has helped San Angelo and West Texas families seek accountability after a devastating loss for more than 25 years, and the consultation costs nothing.
Call (325) 482-9120 or contact us online when you are ready. Free consultation. No fee unless we recover.
Se Habla Español | 905 S. Abe Street, San Angelo, TX 76903
Frequently Asked Questions
My sibling died because of someone else. Can I file a claim?
Under Texas law, only a surviving spouse, child, or parent can bring a wrongful death claim, so a sibling generally cannot file. However, the estate may still have a survival claim, and a parent of the person who died may be able to file. It is worth reviewing the specific family situation with a lawyer.
The at-fault person is being criminally prosecuted. Do we still need a civil case?
Yes, if your family wants compensation. A criminal case can punish the wrongdoer, but it does not pay the family for their loss. The wrongful death claim is a separate civil case, and it can proceed regardless of the criminal outcome.
We are still grieving. Is it too early to call a lawyer?
There is no wrong time, and reaching out does not commit you to anything. An early conversation simply protects your options while evidence is fresh and the deadline is still far off. You can move at your own pace from there.
How much does a wrongful death lawyer cost?
Nothing upfront. These cases are handled on contingency, which means you pay no attorney’s fee unless we recover for your family. The consultation is free.
What is the difference between a wrongful death and a survival claim?
A wrongful death claim compensates the surviving family for their own losses, such as lost support and companionship. A survival claim belongs to the deceased person’s estate and recovers what they experienced before death, including medical bills and pre-death pain. Both can be pursued in the same lawsuit.
Who receives the money in a wrongful death case?
In a wrongful death claim, the recovery goes to the qualifying family members, the surviving spouse, children, and parents, based on their losses. Recovery from a survival claim passes through the estate according to the will or Texas inheritance law.
Can we still recover if our loved one was partly at fault?
Possibly. Texas follows a modified comparative negligence rule, so a family may still recover if the person who died was not more than 50 percent at fault. The recovery is reduced by their percentage of responsibility.
What kinds of accidents lead to wrongful death claims?
Wrongful death claims can arise from car and truck crashes, unsafe property conditions, defective products, workplace incidents, and more. The common thread is that another party’s negligence or wrongful act caused the death.