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Filing a Wrongful Death Claim in Texas? What You Don’t Know Can Hurt You

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You’ve had so many documents shoved under your nose since a loved one died, you’ve barely had time to process your feelings. Everyone seems to want you to sign on the dotted line, and with each piece of paper, you hope it will be the last. But what many families don’t realize is that signing an insurance form could mean the loss of thousands of dollars—and the right to seek justice in a wrongful death action.

What You Do After a Wrongful Death Can Hurt Your Claim

It may seem unthinkable, but many people will take advantage of grieving spouses and families in order to rush them into quick decisions after a sudden death—and the harder they push, the more likely it is that they share fault in the accident.

The following actions can help ensure fair compensation in your wrongful death case:

  • File for life insurance benefits. Insurers may delay or even deny life insurance claims if the next of kin does not file in a timely manner. You must locate your loved one’s life insurance policy and file a claim (including a copy of the deceased’s death certificate) as quickly as possible.
  • Have the accident investigated. If your family member died in an accident where no family members were present, you should always investigate the circumstances thoroughly. Although many deaths are referred to as “accidents,” it is rare that they occur without someone else’s negligence. A driver, trucker, employer, or even local government could be to blame for an untimely death.
  • Don’t sign anything! Yes, you will have to sign some documents in order to receive death benefits and settle your loved ones affairs. However, you should read every document you sign very carefully to avoid losing your right to sue. If you’re not sure if you should sign something, have your attorney look it over first.
  • Don’t accept any settlement! If the accident occurred at work, in traffic, on a construction site, or any other public area, you may be contacted by the owner or insurance adjuster and offered a quick settlement. Accepting any money from the people at fault is a mistake, since it prevents you from filing a lawsuit for additional compensation.
  • Check other benefits. Many people are entitled to benefit coverage they don’t know about, causing them to lose hundreds or thousands of dollars at a time when they need it most. A qualified Texas wrongful death attorney can tell you which costs may be covered and if you are eligible for additional benefits. For example, workers’ compensation provides burial costs and future income payments to families of workers killed on the job.

We know how overwhelmed you are at this time in your life. That is why our attorneys offer free case evaluations to answer all of your legal questions with no obligation—and if you want us to fight for you, you will not pay us anything unless we win your case. Call us today at 800-237-3334 to tell us how we can help you.


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