Burn Injuries from Explosions: Who is Liable in Texas?

Burn injuries from explosions can change lives in an instant, leaving survivors not only with physical scars but also with serious questions about who should be held responsible. Explosions can happen for many reasons, faulty equipment, poor maintenance, unsafe working conditions, or defective products. Those who might be liable include employers, property owners, manufacturers, or contractors. If you or a loved one has been seriously injured in an unexpected explosion, you may have the right to pursue compensation for lost wages, medical bills, and the emotional trauma you’ve endured.

At Aldous Law, we use our years of experience to guide clients through burn injury cases with care and attention. We dig deep to uncover what caused the explosion and identify every party that could be responsible, making sure your claim covers all possible avenues for recovery. Our Dallas injury lawyers focus on building strong, evidence-backed strategies that hold up whether your case is settled or goes to court. If you’re facing the aftermath of burn injuries from an explosion, Aldous Law is here to provide clear guidance, assertive advocacy, and dedicated support every step of the way. Contact us for a personalized consultation to discuss your options and start moving toward recovery.

Understanding Liability for Explosion-Related Burn Injuries

Burn injuries from explosions come with their own set of legal challenges, different from other types of burn cases. Unlike burns caused by fires, chemicals, or everyday accidents, explosions are sudden, violent events that often cause widespread damage along with serious personal injuries. These incidents can involve multiple factors and several parties who might be responsible. Figuring out liability means conducting a careful, detailed investigation into what caused the explosion, the environment where it happened, and whether proper safety measures were followed.

What Makes Explosion Injuries Different from Other Burn Cases

Explosions stand apart because of the sheer force and scale of destruction they bring. Victims may not only suffer severe burns but also injuries related to the blast, like fractures, amputations, or traumatic brain injuries. Unlike isolated burn incidents, explosions often:

Affect multiple victims within a wide blast area
Leave behind complex evidence that needs expert analysis
Result from a combination of causes, such as system failures, poor maintenance, or defective equipment
Involve multiple parties who may be at fault, including employers, manufacturers, contractors, or property owners

These layers of complexity make explosion-related burn cases particularly challenging, both for medical recovery and determining legal responsibility.

The Role of Negligence and Fault in Determining Liability

Negligence is often at the heart of explosion-related burn injury cases. Liability usually comes down to whether someone failed to meet their responsibility to keep others safe. Some key factors that can point to negligence include:

Failing to properly maintain or repair equipment
Not providing adequate safety protocols or training in hazardous workplaces
Using or producing defective or unsafe products
Improper storage or handling of flammable materials
Failing to warn about known dangers

Common Causes of Explosion-Related Burn Injuries

Explosions happen suddenly and without warning, releasing extreme heat, force, and fire that can cause serious burns in seconds. These incidents can occur almost anywhere, from industrial sites and workplaces to homes and public areas, making them unpredictable and dangerous. Knowing the common causes of explosion-related burn injuries helps highlight the range of situations that can lead to these life-changing events.

Workplace and Industrial Explosions

Industrial sites, like steel mills, chemical plants, and manufacturing facilities, are some of the highest-risk environments for explosions. These incidents often happen because of:

Chemical reactions or spills igniting when hazardous materials are stored, mixed, or handled improperly
Gas leaks from pipelines or equipment that go unnoticed until a spark or flame triggers an explosion
Insufficient safety training or procedures, leaving workers unprepared to handle dangerous substances or emergencies

Because of the size and scale of these operations, explosions at industrial sites can injure multiple workers at once, cause significant property damage, and even affect entire communities.

Equipment and Machinery Malfunctions

Faulty or poorly maintained equipment is another major cause of explosions. In industrial and commercial settings, when critical machinery fails, the consequences can be severe. Some common examples include:

Electrical failures that spark fires or ignite nearby flammable materials
Boilers or pressure vessels rupturing due to extreme pressure or lack of proper maintenance
Mechanical breakdowns, such as overheating or sparking in conveyor belts, furnaces, or industrial tools

When machinery is built incorrectly, repaired improperly, or neglected during routine safety checks, the resulting explosions can leave workers with devastating, life-altering burn injuries.

Residential or Public Explosions

Explosions aren’t just a workplace danger—they can happen at home, in apartments, or in public spaces too. These incidents are especially dangerous because people often have no warning and little protection. Some common causes include:

Gas line or propane tank leaks in homes that ignite suddenly
Faulty consumer products, like defective appliances, batteries, or heating equipment
Failures in public infrastructure, including ruptured utility lines, construction accidents, or vehicle crashes that lead to fuel explosions

Explosions in these settings can seriously injure residents, bystanders, and entire neighborhoods. They also raise tough questions about product safety, property maintenance, and whether proper oversight was in place.

Who May Be Liable for Explosion-Related Burn Injuries

Figuring out liability for explosion-related burn injuries usually requires a careful, detailed investigation. Explosions often happen because of a mix of factors, and identifying who’s at fault means looking closely at everything leading up to the event. This process can uncover responsible parties that aren’t immediately obvious, even large companies or government entities responsible for safety regulations. Working with an experienced premises liability attorney gives you the guidance and resources you need to take on powerful organizations and fight for the compensation you deserve, no matter how complicated the case.

Those who may be held liable for explosion-related burn injuries include:

Utility companies or government agencies in charge of infrastructure safety
Employers and business owners who don’t maintain safe work environments
Manufacturers and product designers of defective or unsafe equipment or products
Contractors and maintenance providers who ignore safety standards
Property owners or landlords who overlook hazardous conditions or fail to warn

An experienced attorney can help you understand who might be responsible and guide you through the best legal options for your specific situation. With the right legal support, you have a trusted advocate focused on protecting your rights and helping you pursue the best possible outcome.

Legal Rights and Compensation for Burn Victims

Victims of explosion-related burn injuries often face serious physical, emotional, and financial challenges. At Aldous Law, we help clients explore options for compensation when injuries are caused by someone else’s negligence, unsafe products, or hazardous work conditions. Filing a personal injury claim can provide the resources you need for medical care and financial stability, while also holding those responsible accountable and helping prevent similar accidents in the future.

Types of Damages You May Recover

Types of damages you may recover include:

Medical expenses, including hospital stays, surgeries, and rehabilitative care
Lost wages and loss of future earning capacity
Pain and suffering related to physical and emotional trauma
Property damage caused by the explosion
Costs for ongoing care or home modifications due to disability

Compensation can help cover the high costs of treatment and lost income while holding negligent parties responsible. It also provides a safety net, letting you focus on recovery while pursuing justice for the harm you’ve suffered.

How Liability Is Proven in Explosion Burn Cases

Proving liability in explosion-related burn injury cases takes a careful investigation and solid evidence showing that someone else’s negligence or wrongdoing caused the incident. This can include:

Accident reports and workplace records detailing what happened
Expert testimony from engineers, fire investigators, or product specialists who can analyze the cause of the explosion
Maintenance logs and safety inspections showing whether equipment, facilities, or products were properly checked and maintained
Witness statements from coworkers, residents, or bystanders who saw what happened
Product testing or analysis if defective equipment or consumer goods are involved

By putting this evidence together, attorneys can determine who’s responsible, whether it’s an employer, manufacturer, contractor, property owner, or another party. Establishing liability not only strengthens a personal injury claim but also helps encourage better safety practices to protect others.

Steps to Take After Suffering an Explosion-Related Burn Injury

If you or a loved one is hurt in an explosion, taking the right steps early can protect your health and your legal rights. Important steps include:

Get medical care right away: Burns and blast injuries can get worse quickly, so it’s important to get medical care right away.
Report the incident: Let your employer (for workplace accidents) or the proper authorities know what happened so there’s an official record.
Document your injuries and damages: Take photos of your burns, any damaged property, and the accident scene if you can. Keep copies of all medical records and bills.
Keep evidence: Don’t throw away clothing, equipment, or other items involved in the explosion, they could help prove liability.
Follow your doctor’s advice: Go to all appointments, treatments, and rehab sessions to support your recovery and your claim.
Talk to an experienced attorney: A lawyer who handles explosion and burn injury cases can investigate what happened, figure out who’s responsible, and help you pursue the compensation you deserve.

Taking these steps not only supports your recovery but also strengthens your case, making it easier to hold negligent parties accountable and get the resources you need moving forward.

How an Attorney Can Help with Explosion-Related Burn Injury Claims

Recovering from burn injuries after an explosion can feel overwhelming with medical care, insurance issues, and uncertainty about the future. An attorney acts as a trusted guide, helping you gather evidence, talk with insurance companies, and hold those responsible accountable. From your first consultation to settlement talks or trial, a lawyer can make sure your rights are protected so you can focus on healing.

An attorney can help by:

Investigating to identify all responsible parties
Collecting and preserving evidence and expert testimony
Handling complex legal and procedural steps
Communicating with insurance companies and opposing counsel
Explaining the full range of damages you could recover
Fighting to get you the maximum compensation possible

With Aldous Law on your side, our attorneys aim to reduce stress and uncertainty so you can focus on recovery. We work to secure fair compensation as efficiently as possible, helping cover medical costs, lost income, and other expenses related to your injuries.

Aldous Law’s Experience with Explosion-Related Burn Injury Cases

Aldous Law has a strong track record of winning multi-million-dollar settlements and verdicts for clients hurt in complex explosion-related burn cases. With over 200 jury trials and more than $1 billion recovered for victims of serious injuries, our team knows how to take on big corporations, insurance companies, and negligent parties to fight for the compensation clients and their families deserve.

When you work with Aldous Law, you get experienced legal allies who are committed to helping you rebuild your life and pursue justice.

Contact Aldous Law for a Free Consultation

If you or a loved one has been injured in an explosion, Aldous Law is here to help you navigate your case with confidence. Our compassionate team will work closely with you to protect your rights and make sure your injuries and losses are fully addressed. Contact us today for a free consultation and take the first step toward getting the support and compensation you deserve.

Understanding Trey’s Law: A Game Changer for Sexual Assault Survivors in Texas

Trey’s Law is a major milestone in Texas, offering real hope and protection for survivors of sexual assault. This new law strengthens legal rights and opens clearer paths for survivors to seek justice. It removes barriers that have often kept survivors from holding institutions accountable. Now, survivors can take civil action against those who failed to prevent abuse or created unsafe environments, sending a clear message that negligence and silence will no longer be tolerated in Texas.

For survivors, Trey’s Law isn’t just legislation, it’s a lifeline. It gives survivors greater access to the courtroom, the ability to demand accountability, and the chance to spark systemic change. If you or someone you care about has experienced sexual assault, the legal system now has stronger tools to support you.

Aldous Law’s nationally recognized team is dedicated to helping survivors navigate these changes. We listen closely to every client, build strategies based on your story, and advocate tirelessly from start to finish. For honest guidance about your legal options under Trey’s Law, reach out to Aldous Law to schedule a free consultation.

What is Trey’s Law?

Trey’s Law, officially Senate Bill 835, was created to free survivors from the legal silence often enforced through nondisclosure agreements (NDAs). These agreements previously forced victims to choose between compensation and their voice. Trey’s Law changes that, banning NDAs in settlements related to sexual abuse. Importantly, the law also applies retroactively, giving survivors who were previously silenced the chance to speak out. Both adults and children are protected under this law.

Key Points of Trey’s Law:

Bans NDAs: Any agreement that stops a survivor from talking about sexual abuse is now void and unenforceable.
Retroactive Protection: Past NDAs can be challenged, empowering survivors who were previously silenced.
Broad Definition of Abuse: Covers indecency with a child, sexual assault, aggravated sexual assault, sexual performance by a child, human trafficking, and compelling prostitution.
Protects Adults and Children: Every victim is covered, regardless of age.
Financial Privacy Allowed: Settlements can keep financial details private, but survivors cannot be silenced about the abuse itself.

Aldous Law is here to help survivors understand how Trey’s Law may apply to their situation, offering clear guidance and advocacy every step of the way.

How Trey’s Law Stops NDAs From Silencing Survivors

Before Trey’s Law, organizations and individuals could use NDAs to hide abuse and avoid accountability. Survivors were often forced into silence in exchange for settlements. Trey’s Law ends that practice. Now, survivors cannot be legally prevented from sharing their story, even after a settlement. This is a big step toward transparency, justice, and holding abusers and negligent institutions accountable in Texas.

Retroactive Application: Voiding Old NDAs

One of the most powerful parts of Trey’s Law is its retroactive effect. NDAs from old cases are presumed void unless a court rules otherwise. This means survivors who felt trapped by prior settlements can now reclaim their right to speak out, no matter when the NDA was signed. The law covers a wide range of abuse cases, including sexual assault, aggravated assault, trafficking, and more, and protects both adults and children.

By removing these restrictive agreements, Trey’s Law restores autonomy to survivors. It allows them to tell their story, pursue healing, and push for justice, turning personal pain into action that can protect others.

Why Trey’s Law Matters for Survivors

Trey’s Law is about more than legal rights, it’s about healing, empowerment, and justice. Survivors who have carried the burden of silence now have the right to speak openly and hold those responsible accountable.

How Trey’s Law Supports Healing and Justice:

Frees survivors to share their stories without fear of legal consequences.
Breaks down barriers to mental health support and community healing.
Helps uncover patterns of institutional silence and negligence.
Increases public awareness, turning individual experiences into systemic change.
Deters future abuse by removing the tools used to hide misconduct.

Aldous Law Weighs In: What This Law Means for Survivors

Attorney Eleanor Aldous was recently asked about Trey’s Law in the Dallas Morning News. She said:

“This is such a weight lifted,” regarding survivors.

Her words highlight the relief and empowerment survivors feel under this new law - a sense that they no longer have to choose silence over justice.

How Aldous Law Can Help Survivors

At Aldous Law, we guide survivors every step of the way, especially as they navigate the opportunities Trey’s Law provides. Our team can help:

Explain how Trey’s Law applies to your situation
Review and challenge NDAs that may silence your story
Collect evidence and witness statements to strengthen your claim
Represent you in negotiations, settlements, and court proceedings
Ensure institutions and individuals are held accountable

Take the First Step Toward Reclaiming Your Voice

If Trey’s Law might affect your case, Aldous Law encourages you to give our team a call to explore your options. Our experienced trial team has a track record of life-changing results and landmark verdicts. We’re ready to fight for your rights and help you reclaim your voice. Contact Aldous Law today to start your journey toward justice and healing.

Aldous Law Attorneys Earn Top Honors from The Best Lawyers in America

We’re thrilled to share some exciting news from Aldous Law! Our attorneys have once again been recognized by The Best Lawyers in America, and our founder, Charla Aldous, has earned the prestigious title of 2026 Dallas-Fort Worth Lawyer of the Year in two categories: plaintiffs’ medical malpractice law and plaintiffs’ personal injury litigation.

Joining Charla on this year’s list are our very own Caleb Miller and Eleanor Aldous, who have also received repeat recognition for their outstanding legal work.

“My entire team and I are blown away by the recognition this year,” Charla said. “The work we do here drives us. It's a real treat to have our community honor us for it.”

In addition to her Lawyer of the Year accolades, Charla was recognized for excellence in product liability litigation and has been included on the Best Lawyers list annually since 2003. She also serves on the Best Lawyers advisory board. Earlier this year, she was featured on Forbes’ Best-in-State Lawyer List, the only personal injury attorney in Texas to receive that honor.

Caleb Miller earned his third Best Lawyers citation for plaintiffs’ personal injury litigation, while Eleanor Aldous was named to the Best Lawyers: Ones to Watch list for the second consecutive year, highlighting up-and-coming attorneys. Both Caleb and Eleanor were also recently featured in Lawdragon 500 X – The Next Generation, a guide to the nation’s leading young lawyers.

Aldous Law continues to make a difference for our clients, including a recent $71.95 million jury verdict on behalf of a family who tragically lost a loved one in a scissor lift accident. This verdict was recognized by Law.com and ALM in their Top 100 Verdicts of 2024.

At Aldous Law, we specialize in high-stakes personal injury cases, including wrongful death, trucking collisions, medical malpractice, product liability, and sexual assault cases. We’re proud that our team’s dedication and results are recognized by our peers and the legal community.

1 Dead, Several Injured in DART Bus and Semi-Truck Crash in Dallas

Aldous Law – Trusted Dallas Truck Accident Attorneys

A tragic crash occurred on Monday afternoon in northeast Dallas, leaving one person dead and at least five others injured. The incident involved a semi-truck, a DART bus, and several other vehicles at the intersection of Plano Road and Miller Road. According to Dallas Fire-Rescue, the driver of the semi lost consciousness, ran through the intersection, and struck four vehicles, including:

Another semi-truck
A DART bus
A box truck
A car

The semi-truck driver was transported to a hospital, where they later died from their injuries. One other person remains in critical condition. The investigation is ongoing, and details are still emerging.

If You Were Involved or Know Someone Affected — Call Aldous Law Today

If you or a loved one was injured in this devastating truck accident, you don’t have to face the aftermath alone. At Aldous Law, we have decades of experience fighting for victims of serious truck crashes in Dallas and throughout Texas. Our Dallas truck accident attorneys are ready to investigate your case, determine liability, and pursue the compensation you deserve.

Why Truck Accidents Like This Happen – And Who May Be Liable

Collisions involving 18-wheelers or commercial vehicles often lead to catastrophic injuries or fatalities. These massive trucks can weigh up to 80,000 pounds, meaning even minor negligence can cause devastating harm.

Common Causes of Semi-Truck Crashes:

Driver Fatigue: Long hours behind the wheel with little rest, often in violation of federal Hours of Service rules.
Medical Episodes: Like in this crash, drivers may lose consciousness due to underlying health conditions.
Mechanical Failures: Poorly maintained brakes or under-inflated tires can lead to uncontrollable vehicles.
Distracted Driving: Texting or even using GPS while driving can take a driver's eyes off the road for critical seconds.

Who Can Be Held Accountable?

Multiple parties may be held legally responsible after a crash like this, including:

The truck driver
The trucking company that employs the driver
Vehicle maintenance providers
Third-party contractors or manufacturers (in the case of brake/tire failure)

How Aldous Law Has Helped Truck Accident Victims Like You

We’ve recovered over $1 billion in verdicts and settlements, including major victories for victims of trucking negligence:

$35 Million for a mother and daughter killed by an 18-wheeler failing to yield
$12.5 Million for the family of a man killed by a distracted truck driver
$9 Million for catastrophic injuries caused by a speeding 18-wheeler in the rain

These aren’t just numbers — they’re stories of justice.

Injured in a Truck or DART Bus Crash in Dallas? Let Us Fight for You

If you or someone you know was impacted by the Plano Road and Miller Road crash, don’t wait for insurance companies to offer less than what your case is worth. Trucking companies and public transit entities like DART have strong legal teams protecting their interests. You need an experienced legal team who can stand up to them.

We’ll Help You Understand:

Who’s at fault
How to secure compensation
What evidence matters
What medical documentation you’ll need
What your case might be worth

Call Aldous Law Today – Speak With a Dallas Truck Accident Lawyer

At Aldous Law, we believe every victim deserves justice, and no family should suffer silently after a tragedy caused by negligence. We are trial-tested, compassionate advocates who know how to take on corporations and trucking companies when lives are on the line.

Based in Dallas, Serving All of Texas

Aldous Law Named to Forbes’ Best-in-State Lawyers List – The Only Personal Injury Firm in Texas to Earn the Honor

Aldous Law, a powerhouse in personal injury litigation based in Dallas, is celebrating a major achievement: Charla Aldous, the firm’s founding attorney, has been named on Forbes’ 2025 Best-in-State Lawyers list. She is the only personal injury lawyer in all of Texas to receive this prestigious recognition, a powerful reflection of her lifelong dedication to redefining justice and advocating for those who need it most.

This award is a spotlight on decades of tireless work, groundbreaking trial victories, and fearless representation of individuals whose lives were forever changed by serious injury or injustice. With a reputation for standing up to powerful institutions and giving a voice to the voiceless, Charla Aldous has built a legacy of leadership, compassion, and unmatched courtroom skill.

A Legacy of Excellence

Charla’s approach is guided by one belief: clients deserve more than just legal help; they deserve to be heard, believed, and empowered. Whether she’s representing a child harmed by medical malpractice or a family shattered by corporate negligence, Charla brings not only legal excellence but deep empathy and moral clarity to every case. Her work has led to life-changing verdicts, national acclaim, and now, recognition from one of the most trusted names in media.

“This isn’t my profession, it’s my calling.” -Charla G. Aldous

Being named to the Forbes list is a high honor, but for Aldous Law, the real victory is in every client who walks away with justice and hope. With a legacy of courtroom excellence and a client-first approach, Aldous Law continues to raise the bar for what personal injury representation should look like in Texas and beyond.

Reach Out to Aldous Law: Trusted Among the Best in Texas and Nationwide

At Aldous Law, clients' lives have been altered in an instant, and they need the advocacy and guidance on how to set it back on a brighter path. Whether they’ve been injured by corporate negligence, harmed by a trusted medical provider, or suffered loss due to reckless behavior, our team at Aldous Law steps in not only as legal advocates but as a voice for the voiceless.

If you or a loved one has been injured and needs experienced, compassionate legal guidance, contact Aldous Law today. Let us help you take back your power with the skill, heart, and dedication that earned them a place among the best in the country. With a proven track record and recognition among the best lawyers in Texas and the nation, you can trust Aldous Law to fight for the justice you deserve.

Wrongful Death vs. Accidental Death: What’s the Legal Difference in Texas?

When a loved one dies unexpectedly, the pain and confusion can feel unrelenting. For families in Texas, one of the first steps toward seeking justice is understanding whether the loss is considered a wrongful death or an accidental death under the law. While the terms sound similar, they mean very different things legally, and those differences can affect your ability to file a claim or seek compensation.

Wrongful death typically involves negligence or intentional harm, while accidental death refers to a loss that was truly unforeseeable and not caused by someone’s wrongful actions. Knowing the difference helps families choose the right legal path to pursue accountability.

At Aldous Law, we’re here to help you find answers. Our attorneys will guide you through the process with care, clarity, and a commitment to doing what’s right. Contact us for a free consultation - we're ready to stand with you and your family.

Understanding Wrongful Death: A Legal Overview

In Texas, wrongful death is defined as a death caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. For families dealing with loss, the law offers a way to hold the responsible party accountable and seek compensation for what they've been through. But the effects of wrongful death go far beyond the legal side, families are often left facing sudden grief, financial strain, and a lot of unanswered questions.

Examples of wrongful death cases include:

Fatal car and truck accidents involving negligent drivers
Medical malpractice resulting in loss of life
Workplace accidents caused by unsafe conditions
Defective or dangerous products leading to fatal injuries
Drunk or distracted driving incidents
Fatalities resulting from nursing home neglect or abuse

Filing a wrongful death claim can be complicated and emotionally overwhelming. The process involves strict deadlines and legal steps that can be hard to manage while you're grieving. That’s why having the right legal support matters — it lets you focus on your family while experienced attorneys take care of the legal work and fight for the justice you deserve.

Understanding Accidental Death: A Legal Overview

Accidental death in Texas refers to an individual passing away from an unforeseen and unintentional event with no underlying negligence or wrongdoing. Legally, accidental deaths are those where nobody is found to be at fault, meaning no person or entity acted carelessly or failed in a duty that contributed to the loss. While every accidental death is tragic, not every situation gives rise to a legal claim.

Accidental Deaths That Don’t Qualify for Lawsuits

Examples of accidental deaths that generally don’t qualify for lawsuits include:

Unavoidable natural disasters, such as floods or tornadoes
Accidents caused solely by a person’s own actions, without negligence by another
Fatal events from unforeseeable medical conditions, with no error by medical professionals
Incidents where proper care was taken and no legal duty was breached

These legal definitions can make the process of seeking compensation complicated and, at times, feel frustrating for families in grief.

Key Differences Between Wrongful and Accidental Death

Knowing the difference between wrongful death and accidental death is important for families thinking about a legal claim in Texas. These terms have specific legal meanings that affect who can file, when a claim can be made, and what kind of compensation might be available.

Key differences include:

Cause of Death: Wrongful death involves another party's negligence or misconduct; accidental death does not.
Legal Responsibility: Wrongful death allows for legal action against a liable party; accidental death often does not.
Eligibility for Compensation: Families may pursue compensation for wrongful death, but not for most purely accidental deaths.
Burden of Proof: Wrongful death cases require showing fault or failure in duty of care; accidental deaths generally lack this element.
Types of Losses Covered: Wrongful death lawsuits can seek damages for both economic and non-economic losses; accidental deaths without liability do not allow for such claims.

You may file a wrongful death claim if there is evidence that someone else's actions or lack of care directly caused the loss of your loved one. If you're unsure which category applies to your family’s situation, reaching out to an experienced attorney can clarify your options and help you take the next steps toward justice and closure.

When Can You File a Wrongful Death Lawsuit?

Typically, you have two years from the date of your loved one's passing to file a lawsuit. While two years might seem like a long time, building a strong case requires thorough investigation, gathering evidence, and often consulting with experienced attorneys. Under Texas law, only certain individuals are eligible to file a wrongful death lawsuit:

The surviving spouse of the deceased.
The children of the deceased (both minor and adult, including legally adopted children).
The parents of the deceased (both biological and adoptive).

If none of these eligible family members file a lawsuit within three months of the date of death, the executor or administrator of the deceased's estate may file the claim on their behalf, unless the eligible family members explicitly request that no such action be taken.

There are some limited exceptions to this two-year rule, such as if the negligence was not immediately apparent, if the claimant is a minor, or if there was fraudulent concealment of the cause of death.

How to Prove Negligence in a Wrongful Death Claim

To prove negligence in a wrongful death claim, you need to show that someone had a responsibility to care for your loved one, failed to do so, and that failure caused their death. This usually means collecting evidence like accident reports, witness statements, expert opinions, and medical records to prove fault. Showing negligence is important not just to hold the responsible party accountable but also to protect your family’s right to compensation.

What Compensation Can Be Recovered?

If negligence is proven, families may be entitled to compensation for:

Medical expenses related to the fatal incident
Funeral and burial costs
Lost income and future earnings
Loss of companionship, guidance, and support
Emotional pain and suffering
Loss of inheritance or benefits

Securing compensation can ease the financial burden after a profound loss and help your family focus on healing. With a personal injury attorney by your side, you can maximize your recovery, ensuring that every aspect of your loss is considered and that justice is fully pursued on behalf of your loved one.

How Aldous Law Supports Grieving Families

At Aldous Law, helping families through their toughest times is more than a job - it’s our calling. Our attorneys handle every wrongful death case with care, fully aware of the emotional pain families are facing. We believe families deserve more than just legal advice; they need advocates who listen, respect their loved one’s story, and work hard to seek justice on their behalf.

From investigating the facts to navigating complex legal challenges, Aldous Law is dedicated to securing the answers and compensation your family needs. We fight for accountability, ensuring that your loved one’s memory is respected and your rights are protected. By shouldering the legal burden, we empower families to focus on healing and finding a sense of closure in the wake of a devastating loss. Contact Aldous Law today for compassionate representation.

FAQs About Filing a Death Claim in Texas

What is the legal definition of wrongful death in Texas?

Wrongful death in Texas occurs when a person's death is caused by the wrongful act, neglect, or default of another person or entity. It often involves elements of negligence, recklessness, or intentional harm.

What is considered an accidental death?

An accidental death is a sudden and unintentional loss of life stemming from an unforeseen event, where no individual or entity is found to be legally at fault or negligent.

Who can file a wrongful death claim in Texas?

Under Texas law, the surviving spouse, children, and parents of the deceased may file a wrongful death claim. If none of these individuals bring an action within three months, the executor or administrator of the estate may do so.

How do I file a wrongful death claim?

Begin by consulting with a wrongful death attorney who can assess your case, gather evidence, and file the necessary legal documents on your behalf. Timeliness is important due to the statute of limitations in Texas.

What role does an attorney play in these cases?

An attorney guides you through every step of the process. Investigating the circumstances, building a case, handling all paperwork, advocating in negotiations or at trial, and helping you seek the compensation and answers you need.

How long do I have to file a wrongful death claim in Texas?

Typically, you have two years from the date of your loved one’s passing to file a wrongful death claim, though there are some exceptions. A lawyer can provide specific advice based on your circumstances.

Why is it important to seek legal advice in these cases?

The legal definitions, processes, and deadlines are complex. Having an experienced attorney ensures your rights are protected and that your claim is presented as strongly as possible while you focus on your family and healing.