Losing Someone Due to Negligence Is Heartbreaking – Choosing the Right Lawyer Shouldn’t Be
The sudden loss of a loved one is one of the most painful experiences a family can endure, especially when it’s caused by someone else’s negligence or wrongful actions. Beyond the emotional toll, families are often left with financial burdens, unanswered questions, and the overwhelming legal process of pursuing justice.
While technically any licensed wrongful death lawyer can file a wrongful death lawsuit, your best chance of a fair outcome comes from hiring an attorney who has the experience, skills, and resources to navigate the complex laws surrounding wrongful death. Let’s break down exactly what you need to know.
Understanding Wrongful Death Claims
A wrongful death claim is a legal action brought by family members or the estate of a person who died because of someone else’s negligence, recklessness, or intentional wrongdoing.
Common causes include:
- Car or truck accidents caused by unsafe driving
- Medical mistakes such as surgical errors or misdiagnosis
- Workplace accidents, especially in dangerous jobs like construction
- Dangerous or defective products
If your loved one could have filed a personal injury lawsuit had they survived, your family can most likely file a wrongful death claim. The goal is to recover damages that cover both financial and emotional losses.
The Types of Lawyers Who Handle Wrongful Death Cases
1. Personal Injury Lawyers
A personal injury lawyer is the most common choice for wrongful death cases. These attorneys focus on cases where someone is harmed (or, in wrongful death situations, killed) due to another party’s negligence.
Why they’re a good choice:
- Experience with accident and negligence claims
- Familiarity with calculating damages like lost wages, medical bills, and future financial support
- Negotiation skills to handle insurance companies
Many personal injury lawyers also have wrongful death experience, but it’s important to ask about their track record with cases like yours.
2. Wrongful Death Lawyers
A wrongful death lawyer is often a personal injury lawyer who has chosen to focus primarily on wrongful death claims. This niche expertise can be valuable because wrongful death cases come with unique legal challenges, such as:
- Determining who has the legal right to sue in your state
- Understanding the statute of limitations (deadlines for filing)
- Proving both economic and non-economic damages
- Handling emotionally sensitive evidence and testimony
A wrongful death claims attorney can navigate these complexities with compassion while still aggressively pursuing justice.
3. Trial Lawyers
Not all wrongful death cases settle outside of court. If the at-fault party’s insurance company refuses to offer a fair settlement, your lawyer may need to take the case to trial.
A trial lawyer (also called a litigator) has specific skills in:
- Presenting evidence before a judge or jury
- Cross-examining witnesses and expert testimony
- Delivering persuasive opening and closing arguments
If you think your case might end up in court—or if the at-fault party is being particularly combative—having an attorney for wrongful death with strong trial experience is crucial.
4. Specialty Lawyers for Unique Wrongful Death Cases
Depending on the cause of death, you might benefit from hiring a lawyer with an additional area of expertise:
- Medical Malpractice Attorneys – for deaths caused by hospital or doctor negligence
- Workplace Injury Lawyers – for fatal job site accidents, especially in high-risk industries
- Product Liability Lawyers – for deaths caused by defective products or unsafe consumer goods
Why Specialization Matters in Wrongful Death Cases
Wrongful death law varies from state to state. For example, in Texas, only certain family members—spouses, children, and parents—are allowed to file a wrongful death lawsuit. Other states allow more distant relatives or even financial dependents to sue.
An experienced wrongful death claim lawyer will:
- Understand who can file in your state
- Accurately calculate all damages, including future losses and emotional suffering
- Gather evidence quickly to meet legal deadlines
- Negotiate assertively with insurers
- Take your case to court if needed
Damages You May Recover in a Wrongful Death Claim
While money can never replace your loved one, fair compensation can help ease the financial strain and hold the responsible party accountable.
Possible damages include:
- Economic damages – lost income, medical bills, funeral and burial expenses, loss of household services
- Non-economic damages – pain and suffering, emotional anguish, loss of companionship and guidance
- Punitive damages – awarded in cases of gross negligence or intentional harm, meant to punish the wrongdoer
How to Choose the Best Wrongful Death Lawyer for Your Case
When searching for the best wrongful death lawyer in Texas, consider the following:
- Experience – How many wrongful death cases have they handled?
- Specialization – Do they focus on personal injury/wrongful death law?
- Track Record – Have they secured significant settlements or verdicts?
- Compassion – Are they sensitive to your emotional needs?
- Resources – Do they have access to investigators, expert witnesses, and trial support?
Statute of Limitations: Time Is Critical
Every state sets a deadline for filing a wrongful death claim, often between one and two years from the date of death. Some states make exceptions, such as when the cause of death was discovered later (e.g., medical malpractice cases).
Missing the deadline means losing your right to seek compensation—so speak to an attorney for wrongful death as soon as possible.
Taking the First Step Toward Justice
Grieving a loved one’s loss is hard enough without having to navigate complex legal processes. Hiring the right wrongful death lawyer can give your family the support, guidance, and representation you need to focus on healing while your attorney fights for justice.
If you’ve lost a loved one due to negligence in Texas, our team at Mandy Rodriguez Law is here to help. We understand the emotional and financial challenges you’re facing, and we’ll handle your case with compassion and determination.