Wrongful Death Attorney in Georgetown

Who Can Recover Compensation After a Wrongful Death in Texas?

Many families are surprised to learn that Texas does not allow just anyone close to the deceased to bring a wrongful death claim. Under Chapter 71 of the Texas Civil Practice and Remedies Code, only three groups qualify: a surviving spouse, the deceased's children, and the deceased's parents. A close friend, a sibling, or a grandchild, no matter how involved they were in caregiving or how deep the loss, does not have legal standing to file on their own.

Within that group, the rules are flexible. One eligible family member can file for the benefit of everyone entitled to recover, or several can join the same lawsuit and pursue their individual shares together. If three months pass after the death without any eligible family member filing, Texas law allows the executor or administrator of the estate to step in and bring the claim instead, unless the family has specifically asked them not to. It is also worth knowing that a wrongful death claim, which belongs to the family, is legally distinct from a survival action, which belongs to the deceased's own estate and covers what they could have claimed for their own pain, suffering, and medical costs had they survived. Many Georgetown families end up pursuing both at once.

Wrongful Death Claims Involving Senior Living and Nursing Facilities

Sun City Texas alone is home to more than 15,000 residents, roughly a fifth of Georgetown's total population, and adults over 65 make up a significant share of the city overall. That demographic reality means our firm regularly evaluates wrongful death cases tied to nursing homes, assisted living communities, and home health care, not just traffic accidents.

Texas licenses nursing facilities under Health and Safety Code Chapter 242 and requires them to meet specific minimum standards of care. When a facility's understaffing, medication errors, failure to prevent a fall, or failure to properly supervise a resident with dementia contributes to a death, families may have both a wrongful death claim and a separate negligence claim against the facility itself. These cases carry an added procedural wrinkle that a car accident case does not: if the claim qualifies as a health care liability claim under Texas Civil Practice and Remedies Code Chapter 74, your attorney must serve a qualified expert report on each defendant within 120 days after that defendant files its answer, or the court is required to dismiss the case, often with the family also owing the facility's attorney's fees. Missing that deadline is one of the most common ways families with a legitimate claim lose their right to recover, which is why early legal guidance matters even more in a facility-related death.

What Are the Benefits of Filing a Wrongful Death Lawsuit?

Money cannot bring back a parent, spouse, or child, but a wrongful death claim exists to address the very real financial and emotional fallout their death leaves behind, and in a facility-related case, it is often the only mechanism that pushes a company to change how it operates. Texas divides recoverable compensation into economic losses, such as medical and funeral costs, lost income, and the value of the care and household support your loved one provided, and non-economic losses, such as mental anguish, loss of companionship, and the loss of a parent's or spouse's guidance. Where a death resulted from gross negligence, malice, or fraud, such as a facility that ignored repeated staffing complaints, families may also pursue exemplary damages meant to punish the wrongdoer rather than simply compensate the loss. Texas places no cap on these damages in most claims against private individuals, businesses, or care facilities, though claims against a government entity remain subject to the statutory limits described earlier.

Beyond compensation, a lawsuit forces disclosure. Discovery gives your attorney the legal tools to obtain internal records, staffing logs, or incident reports that a nursing facility, a driver's employer, or an insurer would otherwise have no reason to hand over. Because responsibility is frequently shared, a facility, its staffing agency, and its corporate ownership might all bear some fault in a single case, pursuing a formal claim lets your attorney pursue every party and every policy involved rather than settling for whatever the first, most convenient defendant offers.

What Should You Do After the Wrongful Death of a Loved One?

The days after losing a family member are overwhelming, but a few early steps help protect your family's rights.

• Obtain the death certificate and any incident or accident report from the responding agency, whether that is the Georgetown Police Department, Williamson County Sheriff's Office, or Texas DPS.
• Preserve evidence where you can, including photographs, witness contact information, and any surveillance or dashcam footage before it is overwritten or deleted.
• If the death occurred in a nursing home or care facility, request your loved one's complete medical and care records in writing as soon as possible. Facilities are not always quick to produce these voluntarily once litigation becomes likely.
• Avoid giving a recorded statement to an insurance company before speaking with an attorney, since insurers often use these statements to minimize what they eventually pay.
• Gather medical records, employment information, and documentation of your loved one's role in supporting the family.
• Act within the applicable deadlines. Texas generally allows two years from the date of death to file a wrongful death lawsuit, though a facility- or government-related claim can carry a much shorter window to take the first procedural step.
• Speak with an attorney as soon as you are able so evidence can be preserved and your claim built while details are still fresh.