Losing a loved one is an unimaginable tragedy, and the pain can feel overwhelming. If your family is facing this difficult time, please know you are not alone. Many East Texas families have gone through this, and we send our deepest condolences to you and your loved ones.
By Lindsey McKay, Founding Attorney at McKay Law PLLC.
Last Updated: February 2026
McKay Law won a $6 million wrongful death settlement for a family who lost their father/husband in a preventable truck accident on Highway 154. The widow shared something that I will always remember: “No amount of money brings him back. But knowing someone fought for his memory and made sure this won’t happen to another family—that gives us peace.”
After twenty years of practicing personal injury law in East Texas, I have helped hundreds of families through their most difficult and traumatic times. Every wrongful death case is more than just paperwork and legal filings—it is about a husband who won’t walk his daughter down the aisle, a mother who will never meet her grandchildren, or a child whose future was lost because of someone else’s carelessness.
This comprehensive guide is shaped by our firm’s extensive experience handling wrongful death cases throughout East Texas. While the firm has received over 350 five-star client reviews and has recovered significant compensation for grieving families, the following discussion spotlights the lived experiences and difficulties encountered by East Texas families during periods of deep vulnerability from the death of a love one. The examples and accounts presented aim to clarify the complex legal and affective dimensions of wrongful death claims within the regional context.
There is a Sobering Reality about Wrongful Death in East Texas.
East Texas faces a serious problem, our traffic fatality rate is 77% higher than the rest of Texas, making it one of the most dangerous places to drive in the state. These numbers represent hundreds of preventable deaths each year that deeply affect families in our communities. In 2024, Texas had 4,150 traffic fatalities, which is a 3.29% decrease from 4,291 deaths in 2023. Still, someone was injured every 2 minutes and 4 seconds, and a crash was reported every 57 seconds.
Wrongful Deaths by Accident Type in East Texas (2024-2025): Motor Vehicle Accidents (Leading Cause): Total traffic fatalities numbered 4,150 in 2024. Drunk driving-related deaths accounted for over 1,100 fatalities, while distracted driving resulted in 380 fatalities. Motorcycle fatalities totaled 585 deaths, with 37% of victims not wearing helmets. Rural Road Fatalities: Rural areas represented 50.12% of all traffic deaths, totaling 2,080 fatalities. Single-vehicle run-off-road crashes were especially deadly, resulting in 1,353 deaths.
Pedestrian and Cyclist Deaths: There were 768 pedestrian fatalities (a 5.19% decrease from 2023), and 78 bicyclist fatalities (a 26.42% decrease).
Workplace Fatalities: Texas recorded the highest number of workplace fatalities in 2024, with 58 deaths, highlighting a continuing issue within industries such as construction, oil and gas, and commercial transportation.
Intersection-Related Deaths: Crashes at or related to intersections resulted in 1,050 deaths, and head-on collisions led to 617 fatalities. The Economic Toll:
Fatal traffic crashes in Texas led to an estimated $164.9 billion in total societal harm in 2024, including $40.9 billion in direct economic costs. These significant figures include not only property damage and medical expenses as well as lost productivity, emergency response costs, and the immeasurable impact on families and communities across East Texas (Texas Department of Transportation, 2025).
Record-Breaking Verdicts and Settlements: 2024-2025 In recent years, jury awards and settlements for wrongful death claims have reached new highs.
This shows that courts are holding companies more accountable for negligence and preventable deaths.
Historic Texas Wrongful Death Verdicts Largest Verdicts in Recent History: A Harris County jury awarded $640 million to the family of a pipefitter who died in a 2021 construction accident at Texas A&M University-San Antonio, with nearly $500 million in punitive damages, representing one of the largest wrongful death verdicts in Texas history. Recent East Texas wrongful death verdicts include a $730 million wrongful death verdict (Landstar Ranger, 2021), a $116 million verdict against Werner Enterprises (2018), and a $100 million verdict for a family after a truck crash during an ice storm. 2024 Major Verdicts: $72 million verdict: Frito-Lay warehouse scissor lift collapse in Irving $37.5 million verdict: Oncor Electric Delivery lineman killed when a distracted driver crashed into a disabled 18-wheeler on I-635. 2025 Settlements: $35 million settlement: Ben E. Keith 18-wheeler crash—largest settlement in Texas for 2025.
The average wrongful death settlement in East Texas is approximately $973,054, while the median settlement of $294,728 more accurately reflects typical case outcomes. However, settlement values can vary substantially as they are determined by various linked factors. The calculation of damages often begins with an assessment of the deceased’s age and earning capacity, which informs estimates for lost future income and benefits spanning the remainder of the anticipated working life. Courts and insurers may consider not only annual salary but also likely career path, promotions, retirement benefits, and fringe benefits. The number and financial dependency of surviving family members directly affect compensation for loss of support, services, and companionship, with higher awards usually granted where multiple dependents relied upon the decedent for economic and emotional support.
The nature and severity of the defendant’s conduct are also critical; cases involving gross negligence or willful misconduct may warrant punitive damages intended to punish and deter egregious behavior. Available insurance coverage serves as a ceiling for likely recovery, since the defendant’s ability to pay often limits the compensation realistically obtainable. Furthermore, the plaintiff’s legal representation considerably affects settlement outcomes, as experienced attorneys may deploy expert testimony, sophisticated loss calculations, and efficient negotiation strategies to maximize recoveries for surviving family members.
Wrongful death settlements typically range from $500,000 for basic economic damages to over $5 million when punitive damages or significant lost wages are involved. Recent results at McKay Law include a $6 million settlement for a fatal truck accident, multiple seven-figure settlements for families affected by drunk driving, and an $875,000 settlement against an establishment that served an intoxicated patron who caused a fatal accident.
At McKay Law, we have recovered over $47 million for East Texas injury victims in the past three years. On average, our case results are 3.2 times higher than the first insurance offers, thanks to our strong negotiation and litigation skills. With these results in mind, it’s important to understand the legal rules for wrongful death claims in Texas. The law says wrongful death happens when someone dies because of the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or company (Tex. Civ. Prac. & Rem. Code § 71.002).
Who Can File a Wrongful Death Claim in Texas? Texas law suggests the plaintiff parties who typically file a wrongful death action: the surviving spouse, children (biological or legally adopted), and parents (biological or adoptive) of the deceased. If no family member files within three months, the estate’s personal representative may start the suit. It’s important to note that Texas law does not allow siblings to file wrongful death lawsuits for their brothers or sisters.
Critical Deadlines: The Two-Year Statute of Limitations Texas has strict deadlines. Personal injury claims must be filed within two years of the accident, and wrongful death claims must be filed within two years of the date of death. Missing these deadlines usually means you cannot recover damages. There are no exceptions or extensions, so it’s important to get legal advice as soon as possible.
I have seen families come to my office just days after the two-year deadline, unable to seek justice because they waited too long. Please don’t let this happen to your family.
Common Causes of Wrongful Death in East Texas
1. Motor Vehicle Accidents Motor vehicle crashes are the leading cause of wrongful death in East Texas. These include: Commercial Truck Accidents: With major interstate highways (I-20, I-30) and US highways (69, 271, 259) crossing East Texas, 18-wheeler accidents are tragically common. Negligence by trucking companies, such as failing to train drivers, inadequate maintenance, and violations of hours-of-service, often leads to these deadly crashes. Drunk Driving Crashes: drunk driving continues to ruin East Texas families. Texas dram shop law allows families to pursue claims against bars and restaurants that serve visibly intoxicated patrons who then cause fatal crashes. Distracted Driving: Texting, phone use, and other distractions kill hundreds of Texans every year. When drivers focus on their phones instead of the road, innocent people pay with their lives.
2. Workplace Fatalities East Texas industries such as oil and gas, construction, manufacturing, and agriculture present significant hazards. Common workplace wrongful death cases include construction site accidents, oil field explosions, forklift and heavy machinery incidents, trench collapses, and confined space deaths.
3. Medical Malpractice When healthcare providers fail to meet the required standard of care, patients may suffer fatal outcomes. Medical malpractice wrongful death cases include surgical errors, misdiagnoses, medication mistakes, anesthesia issues, and failure to identify life-threatening conditions.
4. Premises Liability Property owners are responsible for maintaining safe premises. Wrongful deaths may result from negligent security, swimming pool drownings, hazardous property conditions, or neglect and abuse in nursing homes.
5. Defective Products Manufacturers, distributors, and retailers may be held liable when defective products cause death. Examples include harmful pharmaceuticals, defective vehicles, malfunctioning machinery, and unsafe consumer products.
Damages Recoverable in Texas Wrongful Death Cases Texas law allows surviving family members to recover various types of damages:
Economic Damages Lost wages and benefits: Future income the deceased would have earned
Loss of household services: The value of contributions the deceased made to upkeeping the household, childcare, and family support
Medical and funeral expenses: Bills incurred before death and costs of burial
Lost inheritance: The estate’s reduced value due to premature death Non-Economic Damages
Loss of fellowship and society: The relationship, guidance, and emotional support lost
Mental anguish: The deep grief and emotional suffering
Loss of consortium: For surviving spouses
Punitive Damages. In cases of gross negligence, malice, or fraud, Texas law allows punitive damages to penalize defendants and discourage similar behavior. These may significantly improve total compensation.
Burden of Proof in Wrongful Death Cases in Texas
The burden of proof is a central concept in wrongful death cases and is often more favorable to plaintiffs than commonly assumed.
The Standard: Preponderance of the Evidence
In Texas wrongful death cases, the burden of proof is known as “preponderance of the evidence,” which is a lower standard than the “beyond a reasonable doubt” requirement in criminal cases.
What Does “Preponderance of the Evidence” Mean?
This standard requires showing it is more likely than not (over 50%) that the following are true:
1. The defendant’s wrongful act, neglect, carelessness, unskillfulness, or default occurred
2. That conduct caused your loved one’s death
3. You suffered damages as a result
This standard means that the evidence has to weigh just enough to make your claim more likely than not to be true, as opposed to requiring the absolute certainty expected in criminal cases.
What the Plaintiff Must Prove
To succeed in a Texas wrongful death case, we must prove four main elements:
1. Duty of Care
The defendant owed a legal duty to your loved one. Examples include:
- Drivers owe other motorists a duty to operate vehicles safely
- Property owners owe visitors a duty to maintain safe premises
- Doctors owe patients a duty to meet the standard of medical care
- Employers owe workers a duty to provide safe working conditions
2. Breach of Duty
The defendant breached that duty through negligent, reckless, or wrongful conduct. Examples include:
- A truck driver who was texting and ran a red light
- A bar that continued serving a visibly intoxicated patron
- A surgeon who made a preventable error during surgery
- A construction company that failed to provide fall protection
3. Causation
The defendant’s breach directly and proximately caused your loved one’s death. This entails demonstration:
- Cause in fact: “But for” the defendant’s conduct, death wouldn’t have occurred
- Proximate cause: The death was a foreseeable result of the defendant’s actions
4. Damages
You suffered real, measurable harm, such as loss of association, financial support, mental anguish, funeral expenses, and similar losses.
Who Bears the Burden?
The plaintiff, or surviving family members, bears the burden of proof. McKay Law must present evidence demonstrating that each factor is more likely than not to have occurred. The defendant does not have to prove they are not responsible; rather, they only need to raise reasonable doubt as to whether we have met our burden.
How We Meet the Burden of Proof
At McKay Law, we build strong cases using:
Documentary Evidence
- Police accident reports
- Medical records and autopsy reports
- Employment and wage records
- Safety violation records
- Corporate policies and training documents
- Video surveillance footage
- Electronic data (black boxes, cell phone records)
- Accident reconstruction
- Drone surveillance
- Vehicle and trailer inspections
- AI enhanced investigation
- Rapid response team investigation services for evidence preservation
Expert Testimony
- Accident reconstruction specialists
- Medical experts
- Economic experts (calculating lost earnings)
- Industry safety experts
- Toxicologists (in DUI cases)
Witness Testimony
- Eyewitnesses to the incident
- Co-workers, family members, and friends
- First responders
- Corporate representatives
Physical Evidence
- Damaged vehicles
- Defective products
- Workplace safety equipment
- Scene photographs and measurements
Special Considerations
Gross Negligence Standard (For Punitive Damages)
If we seek punitive damages, Texas law requires a higher burden of proof. Specifically, we must provide “clear and convincing evidence,” which means the proof must be substantially more likely to be true than not, and establish a firm belief or conviction in the minds of the judge or jury, that the defendant acted with:
- Conscious indifference to the rights and protection of others, OR
- Malice
This is a higher standard than preponderance, requiring approximately 70 to 75 percent certainty instead of 51 percent, but it remains much lower than “beyond a reasonable doubt.”
Medical Malpractice Cases
Texas medical malpractice cases require expert testimony to establish the standard of care and how it was breached. However, the burden of proof persists “preponderance of the evidence.”
Why This Matters for Your Case
The preponderance standard is significant because it is an attainable threshold in civil litigation. Achieving this standard does not require absolute certainty; rather, the plaintiff must present evidence that is more persuasive and credible than that presented by the defense. In other words, success depends on demonstrating that the asserted facts are more likely than not to be true.
1. Juries understand it. The idea of “more likely than not” matches how people make decisions in daily life.
2. It levels the playing field. Even if defendants have greater resources, we can prevail with strong evidence.
Common Defense Tactics
Defendants may attempt to prevent us from meeting our burden by:
- Arguing comparative negligence (your loved one shared fault)
- Disputing causation (claiming something else caused death)
- Challenging damages (arguing losses aren’t as significant as claimed)
- Destroying or hiding evidence
That’s why our Rapid Response Investigation Team is so important. We make sure to preserve evidence before defendants can remove or alter it.
Bottom Line
In Texas wrongful death cases, the burden of proof is called preponderance of the evidence. This means you need careful preparation and strong evidence, but it is possible to meet this standard with the help of an experienced lawyer.
At McKay Law, we have met this burden many times, recovering millions for East Texas families. Our 350-plus five-star reviews include many from wrongful death families who trusted us to carry their burden of proof, and we delivered results.
Questions about the burden of proof in your potential wrongful death case? Contact McKay Law today for a free consultation:
📞 (903) INJURED / (903) 465-8733
🌐 www.McKayLawTX.com
We will review your case and explain how we can meet the burden of proof to help your family get the justice you deserve.
