Pedestrian accidents took the lives of over 5,000 people in Texas last year, representing a 15 percent increase compared to the prior year. It goes without saying that losing a loved one in such a sudden, brutal way is absolutely devastating to those left behind.

If your spouse, parent, child, sibling, or another loved one died in a pedestrian accident, you may be able to take legal action in the form of a wrongful death claim. Legal action cannot undo the tragedy, but it may help you and your family pursue justice and recover some much-needed financial stability. In this article, we'll discuss what a wrongful death claim is, how to file one in Texas, and what to expect in the process.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil claim filed by the loved ones of someone who died due to the negligence or wrongful act of another party. If you win your case, you may be awarded damages to cover things like funeral and burial expenses, lost income and benefits, and more. Texas law defines a wrongful death as a death caused by "the wrongful act, negligence, carelessness, unskillfulness, or default" of another person or entity.

When someone is killed in an accident, their surviving family members are left to pick up the pieces and try to come to terms with the tragedy. Losing a loved one is horrible regardless of the circumstances. However, losing a loved one in a pedestrian accident is especially traumatic. 

Wrongful death claims allow certain family members of a deceased victim to seek civil justice through monetary damages if someone proximately caused the loved one’s death. If your family member passed away in a pedestrian accident, you may be able to take legal action on their behalf. 

 When you have been injured because someone else was careless about your safety, you can file a personal injury lawsuit on your own behalf. But, what about when the victim passes away as a result of an accident? In Texas, if your parent, child, or spouse lost their life in an accident that some other party should have prevented, you may be able to file what is called a wrongful death suit on their behalf. The party who caused the fatal accident should not be excused from liability just because their victim is no longer here to file a lawsuit themselves, so the right to recover compensation passes to their closest  remaining family members.

If you have lost a parent, spouse, or child due to any type of negligence, speaking to a qualified attorney may be the first step towards holding the negligent party accountable in civil court.

What Types of Negligence Can Lead to a Wrongful Death Claim?

While nothing can replace the family member you lost, recovering compensation can help keep your family financially secure after your loss. Wrongful death applies to a variety of different situations - there is almost no limit as to the type of accidents these suits can be based on, so long as they were caused by the defendant’s carelessness. Situations that may give rise to a wrongful death action for qualifying relatives include:

When you have been injured because someone else was careless about your safety, you can file a personal injury lawsuit on your own behalf. But, what about when the victim passes away as a result of an accident? In Texas, if your parent, child, or spouse lost their life in an accident that some other party should have prevented, you may be able to file what is called a wrongful death suit on their behalf. The party who caused the fatal accident should not be excused from liability just because their victim is no longer here to file a lawsuit themselves, so the right to recover compensation passes to their closest remaining family members.

If you have lost a parent, spouse, or child due to any type of negligence, speaking to a qualified attorney may be the first step towards holding the negligent party accountable in civil court.

What Types of Negligence Can Lead to a Wrongful Death Claim?

While nothing can replace the family member you lost, recovering compensation can help keep your family financially secure after your loss. Wrongful death applies to a variety of different situations - there is almost no limit as to the type of accidents these suits can be based on, so long as they were caused by the defendant’s carelessness. Situations that may give rise to a wrongful death action for qualifying relatives include: