Common Misconceptions About Wrongful Death Claims

Losing someone you care about due to another’s negligence creates an overwhelming combination of grief, anger, and confusion. During this difficult time, many families consider pursuing a wrongful death claim but often encounter misleading information that complicates an already challenging situation. Understanding the realities of wrongful death litigation helps families make informed decisions about seeking justice.

At Dale R. Rose, PLLC, we guide families through the wrongful death claim process with compassion and legal expertise. With 27 years of experience representing North Texas families, we’ve helped numerous clients navigate these complex cases while dispelling common myths that often prevent people from pursuing valid claims. Our goal is to provide clear information so you can focus on healing while we handle the legal aspects of your case.

Misconception: Any Death Can Qualify as a Wrongful Death Claim

One of the most prevalent misconceptions surrounds what actually constitutes a wrongful death claim under Texas law. Not every unexpected passing, even tragic ones, qualifies as a wrongful death case.

Under Texas law, wrongful death claims specifically involve fatalities caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The circumstances must be such that the deceased would have had grounds for a personal injury lawsuit had they survived. Common situations include fatal car accidents, medical malpractice, dangerous product defects, workplace accidents, and premises liability incidents.

It’s important to understand that even when negligence appears obvious, establishing legal liability requires meeting specific criteria and burden of proof requirements. An experienced attorney can evaluate your situation and determine whether you have grounds for a viable wrongful death claim.

Misconception: Only Spouses and Children Can File Claims

Many people incorrectly believe that only immediate family members like spouses and children can pursue wrongful death claims. While these family members certainly have legal standing, Texas law actually defines eligible parties more specifically.

In Texas, wrongful death claims may be filed by:

• Surviving spouses
• Children (including adopted children)
• Parents (including adoptive parents)

However, siblings, grandparents, and other relatives generally cannot file wrongful death claims unless they qualify as legal representatives of the estate. Understanding who has legal standing helps families coordinate their approach and avoid unnecessary complications during an already difficult time.

Additionally, if eligible family members don’t initiate a wrongful death action within three months of the death, the executor or administrator of the deceased’s estate may file the claim, unless specifically prohibited from doing so by all eligible family members.

Misconception: Wrongful Death Claims Are Primarily About Punishing the Responsible Party

While many families understandably want accountability, wrongful death claims function primarily as civil rather than criminal proceedings. Their main purpose is to provide financial compensation for losses suffered by the surviving family members, not to punish the responsible party.

Criminal proceedings, which may run parallel to wrongful death claims in cases involving criminal negligence or intentional acts, focus on punishment through incarceration, probation, or fines paid to the state. These proceedings operate independently from civil wrongful death claims and require different standards of proof.

This distinction explains why wrongful death claims may succeed even when criminal charges are dropped or result in acquittal. The civil court system requires only a “preponderance of evidence” (more likely than not) rather than the “beyond reasonable doubt” standard used in criminal cases.

Misconception: Compensation Only Covers Funeral Expenses

Another common misunderstanding involves the types of damages recoverable in wrongful death cases. Many people believe these claims only provide compensation for funeral expenses and medical bills, but Texas law actually allows for much broader recovery.

Wrongful death compensation may include:

• Lost income and benefits the deceased would have provided
• Lost inheritance
• Mental and emotional anguish
• Loss of companionship, society, and support
• Loss of care, guidance, and nurturing
• Funeral and burial expenses
• Medical expenses related to the final injury or illness

Additionally, in cases involving gross negligence or willful acts, exemplary (punitive) damages may be available. These damages serve to deter similar conduct in the future and can significantly increase the overall compensation awarded.

Misconception: Filing a Claim Extends the Grieving Process Unnecessarily

Some families hesitate to pursue wrongful death claims, fearing the legal process will prolong their grief or prevent emotional healing. While this concern is understandable, many families actually find that seeking justice provides a sense of closure and progress.

Working with compassionate legal representation means you can focus on the emotional aspects of grief while your attorney handles the legal complexities. Rather than extending the grief process, pursuing a claim often provides structure during a chaotic time and ensures financial stability as you adjust to life without your loved one.

It’s also worth noting that Texas law imposes a strict two-year statute of limitations on wrongful death claims, starting from the date of death. Waiting too long to consider legal action may permanently forfeit your right to seek compensation, regardless of how strong your case may be.

Contact Our McKinney Wrongful Death Attorneys

If you’ve lost someone due to another’s negligence, understanding your legal options is an important step in moving forward. Our experienced wrongful death attorneys can answer your questions, evaluate your potential claim, and provide guidance tailored to your family’s specific situation.

At Dale R. Rose, PLLC, we bring 27 years of experience and the insight gained from 165 first-chair jury trials to every wrongful death case we handle. Our compassionate approach focuses on supporting your family while vigorously pursuing the compensation you deserve. Contact us today at (972) 634-ROSE (7673) or through our contact form to schedule a consultation.