After losing someone they love in a serious accident, families are often left grieving, overwhelmed, and desperate for answers. Things get even more frustrating when the insurance company starts pointing fingers at the person who died. They may claim that your loved one made a mistake or somehow caused the crash.
Once families hear that, they assume they have no case. That’s not always true.
Under Texas law, families still have the right to pursue a wrongful death claim even when their loved one shared part of the blame. Insurance companies love using shared fault arguments because they know grieving families are already overwhelmed. They hope you’ll back down before speaking with a lawyer or attorney who can explain your rights.
A wrongful death law firm can step in, investigate what happened, and fight back against unfair blame. If another person’s carelessness played a role in the fatal injury, you deserve answers. Read on to learn if you can file a wrongful death claim if your loved one was partly at fault.
You May Still File a Wrongful Death Claim in Texas
In the state of Texas, the modified comparative fault rule applies. It sounds complicated, but the basic idea is simple. Your family can still bring a wrongful death claim if your loved one was less than 51% responsible for the accident.
Maybe your loved one was driving a little over the speed limit before the crash, and the other driver was staring at their phone and blew through a red light. Even if your loved one made a mistake, that doesn’t excuse everything else.
Insurance adjusters often try to twist the facts to make sure their company pays you as little as possible. They might focus heavily on a small thing your loved one did while ignoring the other party’s dangerous behavior.
That’s why families should never assume that the insurance company is telling the whole story.
An experienced attorney can review police reports, crash data, witness statements, and other evidence to determine whether another party should still be held accountable.
Shared fault can affect how much compensation your family receives, but it doesn’t automatically shut down a wrongful death claim.
For example, let’s say your loved one was found 20% responsible for the accident. If the case was worth $500,000, your final recovery amount would be reduced by that same percentage. Your family could recover $400,000.
That’s exactly why insurance companies fight so hard to pin blame on the person who died. The more fault they can shift onto your loved one, the less they may have to pay.
Investigators may dig through social media posts, phone records, driving history, or anything else they think helps their side. Families are often shocked by how aggressive insurance companies become after a deadly accident.
What Damages Can You Seek in a Wrongful Death Case?
After a fatal injury, families are often left carrying deep emotional pain and serious financial pressure. A wrongful death claim may help recover compensation connected to those losses.
Depending on the case, damages may include funeral expenses, medical bills, lost income, lost benefits, and the loss of companionship your loved one provided. In some cases, surviving family members may also recover damages tied to emotional suffering and mental anguish.
No amount of money can bring your loved one back. Families already know that. But holding the responsible party accountable can still bring a sense of justice while helping your family handle the financial impact of the loss.
In some cases, a business, trucking company, property owner, or another large organization may be partly responsible for the accident. These companies usually have insurance carriers and legal teams working behind the scenes to protect themselves and reduce payouts.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, only certain family members have the right to file a wrongful death claim. This typically includes surviving spouses, children, and parents of the person who passed away.
Siblings usually can’t file this type of claim in Texas.
If you’re unsure whether you may qualify, speak with a lawyer to learn about your options.
Why Does Evidence Matter So Much in These Cases?
Evidence becomes incredibly important in wrongful death claims involving shared fault because the person who died can no longer explain what happened.
That creates an opening for insurance companies to alter the story in a way that benefits them.
Strong evidence is the only way to push back against unfair blame and show what really caused the accident. Depending on the case, that may include surveillance footage, black box data, medical records, witness statements, toxicology reports, crash reconstruction findings, and photos from the scene.
Sometimes, one piece of evidence can completely change the direction of a case.
For example, a trucking company may try to blame your loved one for the crash, but GPS data might show that the truck driver had been speeding for miles. A property owner may deny responsibility for a fatal fall, while maintenance records prove they ignored dangerous conditions for weeks.
The sooner a lawyer begins their investigation, the quicker they can start preserving evidence before it disappears. Surveillance footage can be deleted. Witness memories can fade. And vehicles can be repaired or destroyed.
Families should never assume important evidence will be waiting for them months later.
Contact a Wrongful Death Lawyer to Protect Your Family
If you lost someone you love and have questions about shared fault, you deserve real answers, not pressure from an insurance company trying to protect its bottom line.
Even if your loved one may have played a role in the accident, your family may still have the right to pursue compensation under Texas law. These cases are often more complicated because insurance carriers aggressively try to shift blame onto the deceased person.
Grossman Law Offices understands how to investigate difficult wrongful death cases and challenge unfair fault claims. We’ve been doing it for over 30 years. Our law firm can review the facts, explain your legal options, and help your family determine the best path forward.
Speaking with a wrongful death attorney can give your family clarity during an incredibly difficult time. Contact Grossman Law Offices today to discuss your case and learn how we can help.
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