contact us get your free consultation
or call now (361) 400-0178
CALL 24/7 | SE HABLA ESPAÑOL Call 361-400-0178 24/7 Hablamos Espanol
Alex R. Hernandez Jr. Attorney at Law
message us

How Does A Wrongful Death Suit Work?


When a person or a company causes the death of someone because of negligence or intentional harm, there is a very good chance that a wrongful death claim will be brought up against them. The defendant, or the person who the wrongful death claim is being filed against will be tried to determine whether or not they were indeed at fault for the death that occurred. In most cases, the wrongful death suit will be filed by someone who is representing the estate of the deceased, or alternatively by affected parties. If you believe you may need to file a wrongful death suit, continue reading below to learn more.

When can you make a wrongful death claim?

If you are able to prove that the death of the deceased was caused by the negligence of a person or persons, or that they were intentional harmed, you can most likely file a wrongful death claim. Some examples of this include:

  • When someone dies because of the intentional action of someone else.
  • When someone dies because of medical malpractice. This could include any instance when a doctor fails to correctly diagnose a condition or illness, prescribes the wrong treatment, or when the level of patient care is below the standard.
  • When someone dies in a car accident because of negligence by the other driver.

The examples below are simply the most common scenarios you will see in court, but there are many many more that can occur and be suitable cases for a wrongful death lawsuit.

Who can file wrongful death claims?

In most cases, the person who will file a wrongful death claim is a representative of the estate of the person who has passed away. If the direct family members of the deceased are still minors, another survivor with a directly relationship to the victim can also file the wrongful death claim. Most commonly, these people are the parents or children of the deceased. These stipulations can change, however, depending on the state in which you live.

What do you need to prove in a wrongful death case?

The biggest aspect of a wrongful death claim is being able to prove that the victim would have been able to hold the person or persons responsible for the incident had they survived it. You will also want to prove that the party that is being charged failed to fulfill their duty to protect and take care of the victim.

Do you have a wrongful death case?

If you have recently lost a loved one due to the negligence of someone else, you should contact the Law Offices of Alex Hernandez Jr. We will take a look at your case and tell you what we believe your next step should be. If you are able to proof that the defendant breached their duty to care for the victim, chances are we will be able to take on your case and get you the compensation you deserve. As one of Texas’s leading law firms, we have the experience, skill and know-how to represent you in court. Call us now to learn more about how we can assist you!

Contact Us & Request A Free Consultation for your Personal Injury ClaimCall Today 361-400-0178

1 Step 1
Phone Number
Tell us about your case
0 /

*all fields required


Locations & Contact

Click to View All Our Locations

Main Office, Corpus Christi:

921 N. Chaparral Suite 100
Corpus Christi, Texas 78401

Phone: 361-400-0178

San Antonio Office:

300 Convent Suite 1330
San Antonio, Texas 78205

Phone: 210-960-9008

Austin Office:

3800 N Lamar
Austin, Texas 78756

Phone: 512-640-4009

Edinburg Office:

506 W. University
Edinburg, Texas 78539

Phone: 956-307-4577

Houston Office:

1700 Post Oak Boulevard 2 Blvd Place
Houston, Texas 77056

Phone: 713-660-7018

Laredo Office:

1100 Matamoros Suite 200
Laredo, Texas 78040-7804

Phone: 956-606-4284

Dallas Office:

2911 Turtle Creek Suite 300
Dallas, Texas 75219

Phone: 972-363-6616

El Paso Office:

231 N Kansas, 7th Floor
231 N Kansas, 7th Floor

Phone: 915-777-3310

Port Lavaca Office

402 W. Main St.
Port Lavaca 77979

Phone: 361-552-3100

Victoria Office

101 W Goodwin Suite 750
Victoria 77901

Phone 361-575-3101

Laredo Office

1100 Matamoros
Laredo 78040

Phone 956-606-4284

Connect with Us