Losing a loved one is hard enough. Losing them because someone else was careless is devastating. No lawsuit can undo that loss. But it can hold the at-fault party accountable and protect your family’s future.
Since 1960, The Burkett Law Firm has stood with grieving Coastal Bend families. Contact us for a free, private consultation, or call 361-738-5548. There is no fee unless we win.
$20M Burkett Law Firm recovery in a commercial van wrongful death case | 4,150 People killed in Texas traffic crashes in 2024 — more than 11 every day | 2 yrs Texas deadline to file most wrongful death claims |
Sources: Burkett Law Firm case results; TxDOT 2024 Crash Facts; Tex. Civ. Prac. & Rem. Code | ||
What Is a Wrongful Death Claim in Texas?
Families often worry that filing a claim feels like putting a price on a life. It is not. It is holding the responsible party accountable for the harm they caused — and making sure the people your loved one provided for are not left struggling on top of grieving. Texas law exists for exactly this purpose, and using it is your right.
A wrongful death claim is a civil case. It seeks money damages when a person dies because of someone else’s negligence or wrongful act. It is separate from any criminal case, and it has a lower burden of proof.
Who Can File a Wrongful Death Lawsuit?
Under Texas law, these family members can file:
- The surviving spouse
- The children of the deceased
- The parents of the deceased
If no family member files within three months, the estate’s representative may file instead.
Common Causes of Wrongful Death in the Coastal Bend
- 18-wheeler and commercial truck crashes
- Car accidents, including distracted driving crashes
- Motorcycle accidents
- Oilfield and maritime workplace accidents
- Pedestrian accidents and dangerous property conditions
What Compensation Can My Family Recover?
A wrongful death recovery may include:
- Lost income and financial support your loved one provided
- Loss of companionship, love, and guidance
- Mental anguish suffered by the family
- Funeral and burial costs (often through a related survival claim)
- Medical bills from the final injury
In cases of gross negligence, Texas juries can also award punitive damages to punish the wrongdoer.
★★★★★ “Professional Law Firm you can trust. Friendly and caring Attorneys and Paralegals who will do right by you.” — Mary Jane V., Burkett Law Firm client
How The Burkett Law Firm Can Help
Wrongful death cases are complex. Evidence disappears fast. Trucking companies and insurers send investigators within hours.
We move just as fast. Our personal injury team preserves evidence, works with accident reconstruction experts, and values the full lifetime loss to your family. Trial lawyers David Burkett and Nathan Burkett have recovered more than $80 million for Texas families — including $20,000,000 in a commercial vehicle wrongful death case.
Wrongful Death vs. Survival Claims in Texas
Texas law allows two related claims after a fatal accident. Families often bring both:
- Wrongful death claim: Compensates the family for their own losses — lost support, lost companionship, and mental anguish.
- Survival claim: Belongs to the estate. It covers what your loved one suffered before death — their pain, medical bills, and funeral costs.
Handled together, the two claims capture the full loss. Handled wrong, money gets left behind. We make sure both are valued and pursued.
How We Build a Wrongful Death Case
- Preserve the evidence fast. We send preservation letters so trucking logs, video, and vehicle data cannot be destroyed.
- Reconstruct what happened. Accident reconstruction experts establish fault with science, not guesswork.
- Value the full lifetime loss. Economists calculate decades of lost income, benefits, and household support.
- Demand accountability. We negotiate from strength — and prepare every case as if it will be tried to a jury.
How Long Does a Wrongful Death Case Take?
Some cases resolve in months. Cases against trucking companies or large corporations often take a year or more, because the losses are large and the defendants fight hard. We will give you an honest timeline after we review your case — and we keep families informed at every step.
Fatal Accidents in South Texas: A Local Problem
Our region carries more than its share of tragedy. Nueces County’s traffic fatality rate runs above the average for comparable Texas counties. The reasons are all around us:
- Heavy commercial truck traffic serving the port, refineries, and the Eagle Ford Shale
- High-speed rural highways connecting Coastal Bend towns
- Late-night impaired driving on entertainment corridors
When a preventable death happens here, it usually traces back to a choice — a company that skipped maintenance, a driver who got behind the wheel exhausted or impaired, a business that ignored a known danger. A wrongful death case forces that choice into the light. It will not bring your loved one back. But it can protect your family’s future and make the next tragedy less likely.
Texas Wrongful Death FAQs
How long do we have to file?
In most cases, two years from the date of death. Some exceptions exist, but do not wait. Early action protects evidence.
Does a criminal case affect our civil claim?
No criminal conviction is required. A civil wrongful death claim can succeed even if no charges are ever filed.
What does it cost to hire you?
Nothing up front. We work on contingency — no fee unless we recover for your family. Read what past clients say on our reviews page.
Will filing a lawsuit mean reliving everything in court?
Usually not. Most wrongful death cases settle without a trial. If trial is the right path, we prepare you carefully and carry the burden ourselves.
How is the recovery divided among family members?
Either by agreement among the family or by the court, based on each person’s relationship and losses. We help families handle this fairly and privately.
Speak With a Corpus Christi Wrongful Death Lawyer
Let us carry the legal burden while your family heals. Call 361-738-5548 or request a free consultation today.
