[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.troyburchlaw.com\/blog\/what-are-the-legal-rights-in-wrongful-death-case\/#BlogPosting","mainEntityOfPage":"https:\/\/www.troyburchlaw.com\/blog\/what-are-the-legal-rights-in-wrongful-death-case\/","headline":"What Are the Legal Rights in a Wrongful Death Case?","name":"What Are the Legal Rights in a Wrongful Death Case?","description":"The\u00a0unexpected death of a loved one is always difficult,\u00a0but it is more devastating when someone\u2019s negligent or reckless behavior causes it. The ability to file a lawsuit for wrongful death may be critical to the financial security of the family members left behind. As such,\u00a0seeking...","datePublished":"2023-08-16","dateModified":"2026-05-13","author":{"@type":"Person","@id":"https:\/\/www.troyburchlaw.com\/blog\/author\/troyburch\/#Person","name":"Troy Burch","url":"https:\/\/www.troyburchlaw.com\/blog\/author\/troyburch\/","identifier":6,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/143ca7089eaf3fa3fc7cf6d847110971037cd071daf14d9801024b7fa38a3370?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/143ca7089eaf3fa3fc7cf6d847110971037cd071daf14d9801024b7fa38a3370?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Burch Law Firm","logo":{"@type":"ImageObject","@id":"https:\/\/www.troyburchlaw.com\/wp-content\/uploads\/2023\/12\/logo-header.png","url":"https:\/\/www.troyburchlaw.com\/wp-content\/uploads\/2023\/12\/logo-header.png","width":260,"height":126}},"image":{"@type":"ImageObject","@id":"https:\/\/www.troyburchlaw.com\/wp-content\/uploads\/2023\/08\/wrongful-death-of-a-loved-one-e1692174804979.png","url":"https:\/\/www.troyburchlaw.com\/wp-content\/uploads\/2023\/08\/wrongful-death-of-a-loved-one-e1692174804979.png","height":450,"width":800},"url":"https:\/\/www.troyburchlaw.com\/blog\/what-are-the-legal-rights-in-wrongful-death-case\/","about":["Wrongful Death","Wrongful Death Attorneys","Wrongful Death Lawyers"],"wordCount":563,"articleBody":"The\u00a0unexpected death of a loved one is always difficult,\u00a0but it is more devastating when someone\u2019s negligent or reckless behavior causes it. The ability to file a lawsuit for wrongful death may be critical to the financial security of the family members left behind. As such,\u00a0seeking legal representation\u00a0shortly after a sudden death is essential to obtaining a fair and just outcome.Role of Wrongful Death AttorneysBy retaining a\u00a0wrongful death lawyer\u00a0after your loved one\u2019s death, you can be confident that your legal rights are protected. A wrongful death lawyer can:Investigate the accident or harmful incident\u00a0\u2013 A lawyer will thoroughly investigate the circumstances that led to your loved one\u2019s death and determine who is responsible for their death. They build your case by interviewing witnesses, reviewing accident reports, and gathering medical records.Seek a fair settlement\u00a0\u2013 Your lawyer can handle all communication and negotiations with the insurance companies. They can pursue a settlement before filing suit to seek the fair compensation you deserve.File a wrongful death lawsuit\u00a0\u2013 If the insurance companies are unreasonable and refuse to settle the case, your attorney can file a lawsuit to pursue the compensation you need.Handle the distribution of proceeds \u2013\u00a0Whether you receive an equitable settlement or are awarded money in a lawsuit, your attorney can coordinate the distribution of the settlement or verdict proceeds to eligible parties.What Constitutes Wrongful Death?Under\u00a0Texas law, you can pursue a claim for wrongful death if another person\u2019s carelessness, wrongful act, neglect, default, or unskillfulness caused your family member\u2019s death. Wrongful death lawsuits allow families who may otherwise struggle financially after their loved one\u2019s death to pursue compensation.Who Can File a Wrongful Death Claim?As you struggle to cope with your grief after the sudden loss of your family member, you may wonder how to file a wrongful death lawsuit and whether you are eligible to do so. Texas law dictates who can bring a wrongful death claim.The\u00a0decedent\u2019s surviving spouse, children, parents, or one or more of these individuals\u00a0may file a wrongful death lawsuit for the benefit of everyone. However, if none of these individuals initiates the action within three months of the death, the executor or administrator of the decedent\u2019s estate may bring the action unless the parents, children, and surviving spouse request the executor or administrator ask them not to.Types of Damages in Wrongful Death CasesWhile nothing can replace your loved one, compensation could ease the financial burden after an unexpected death. You could be entitled to economic and non-economic damages:Economic damages\u00a0\u2013 Economic damages are financial losses faced by surviving family members. This may include costs of medical treatment before the loved one\u2019s death, funeral costs, and the loss of income and services the loved one would have earned or provided had they survived.Non-economic damages\u00a0\u2013 Non-economic damages are compensation for intangible losses the decedent\u2019s family suffers. This includes pain and suffering, loss of companionship, and mental anguish.Contact Burch Law Firm TodayFor over 30 years,\u00a0Troy Burch\u00a0has represented the residents of New Braunfels and the surrounding communities. You do not have to go through this challenging time alone. At the\u00a0Burch Law Firm, we provide personalized, compassionate service to every client.\u00a0Contact us today to discuss your case in a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.troyburchlaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Are the Legal Rights in a Wrongful Death Case?","item":"https:\/\/www.troyburchlaw.com\/blog\/what-are-the-legal-rights-in-wrongful-death-case\/#breadcrumbitem"}]}]