The Distinction Between Estate Claims and Wrongful Death Claims
One critical aspect that sets Texas apart is how wrongful death settlements are handled separately from estate matters. We regularly explain to our clients that there are two distinct types of claims:
- Wrongful Death Claims: These belong directly to the surviving family members and are not part of the estate. The compensation goes directly to wrongful death beneficiaries
- Survival Claims: These belong to the estate and are brought on behalf of the deceased for damages they would have recovered had they survived. These funds do become part of the estate.
Distribution of Wrongful Death Settlements
When we secure a wrongful death settlement for our clients, the distribution process follows specific guidelines under Texas law. If all beneficiaries are adults and agree, they can determine how to distribute the settlement among themselves. However, when there’s no agreement or minor children are involved, the court may intervene to ensure fair distribution.
Time Limits for Filing a Wrongful Death Claim
In our experience handling wrongful death cases, timing is crucial. Texas imposes a two-year statute of limitations for filing wrongful death claims, starting from the date of death. While this might seem like ample time, we help our clients begin the process as soon as possible to preserve evidence and strengthen their case.
Types of Damages Available in Wrongful Death Cases
Through our years of practice, we’ve helped families recover various types of compensation in wrongful death cases, including:
- Funeral and burial expenses
- Medical costs incurred before death
- Lost earning capacity and wages
- Loss of companionship and support
- Loss of inheritance
Case Examples from Our Experience
Recent Plant Explosion Case
In a devastating plant explosion case we handled, the deceased worker’s family received a substantial settlement. The wrongful death portion was distributed directly to the surviving spouse and children.
Oilfield Accident Settlement
Another significant case involved an oilfield accident where negligent safety protocols led to a worker’s death. We secured substantial compensation for the surviving family members.
The Intersection of a Wrongful Death Lawsuit with a Criminal Lawsuit
Sometimes, wrongful death cases overlap with criminal proceedings. We’ve successfully represented families in cases where both civil and criminal actions were pending. While criminal cases seek justice through punishment, our wrongful death claims focus on securing financial compensation for the family’s losses.
How We Help Families Navigate Complex Claims
At Ammons Law, we understand that pursuing a wrongful death claim while grieving can feel overwhelming. Our approach combines legal expertise with compassionate support, handling all aspects of the case so families can focus on healing. We:
- Conduct thorough investigations
- Handle all legal documentation
- Communicate with insurance companies
- Calculate fair compensation values
- Negotiate settlements
- Represent clients through trial when needed to maximize case recovery
Skilled Guidance Through the Process
Understanding whether wrongful death settlements become part of the estate is just one aspect of these complex cases. Our experienced attorneys guide families through every step, ensuring they understand their rights and options. We help families make informed decisions while working to secure the maximum compensation available under Texas law.
Working with Wrongful Death Attorneys at Ammons Law
When families trust us with their wrongful death claims, we commit to providing comprehensive legal support while handling their cases with the sensitivity they deserve. Our track record of successful settlements and verdicts demonstrates our ability to navigate these complex cases effectively.
If you’ve lost a loved one due to someone else’s negligence, we’re here to help you understand your rights and options. Contact our experienced wrongful death attorneys to discuss your case and learn how we can help you secure the compensation your family deserves.
Contact us online or call (281) 801-5617 for a no-cost consultation.

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