Why File a Wrongful Death Claim?
Dealing with the unforeseen death of a family member can be very challenging. In legal terms, wrongful death may be described as a preventable death that occurred as a result of someone else's neglect or wrongful act. Under Texas law, a wrongful death action may be brought if the wrongful act, neglect, unskillfulness, carelessness, or default of one party results in another person's death.
The purpose of a wrongful death action is to hold the responsible party liable and compensate the deceased person's family. Although monetary compensation won't bring your loved one back, a financial settlement obtained through a wrongful death claim can provide the deceased person's surviving family members a much-needed financial boost to cover medical expenses incurred before the victim's death, lost wages and benefits, burial and funeral expenses, and more.
Furthermore, bringing a wrongful death action will not only hold the liable party responsible but also help prevent such an unfortunate incident from happening to another family.
What Constitutes Wrongful Death in Texas?
According to Texas Statutes section 71.002, a person is liable for damages arising from an injury that causes someone’s death if the injury was caused by their wrongful act, neglect, carelessness, or unskillfulness. To establish a wrongful death claim in Texas, the plaintiff must prove negligence by showing the following elements:
- The at-fault party owed the deceased person a legal duty of care
- The legal duty of care was breached
- A death occurred
- The defendant's wrongful actions or negligence resulted in the victim's death
- The surviving family members suffered actual damages from the death
A skilled personal injury attorney can educate you about who can file, the time limit for filing, and the best way to proceed with your wrongful death claim.
Statute of Limitation for Filing
Texas wrongful death statute of limitations indicates that a wrongful death action must be commenced within two years from the date of the decedent's death.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, any of the following parties may bring a wrongful death claim:
- The deceased person’s spouse, children, or parents
- An adopted child, provided that the adoption was legal and successful
- The personal representative of the deceased person's estate after three calendar months since the death
The following damages may be recovered from a wrongful death claim:
- Medical costs accrued before the victim's death
- Lost wages/income and other benefits
- Funeral and burial expenses
- Lost earning capacity
- Mental anguish
- Lost household services
- Loss of love or companionship
- Loss of care, guidance, support, or counsel
- Loss of consortium
- Other potential damages
A knowledgeable attorney can fight compassionately to protect your legal rights and help you recover rightful compensation for your loss.
Work With an Experienced Wrongful Death Attorney
Losing a loved one can be an overwhelming experience. Such an unexpected loss can affect your mental, financial, and emotional well-being. You shouldn’t have to face the financial liability and challenges all by yourself. It is important that you act quickly and hire a wrongful death attorney to advocate for your rights and help pursue fair compensation.
I have devoted my career to providing outstanding legal services and knowledgeable guidance to clients in their wrongful death claims. Using my comprehensive understanding of the laws addressing liability in wrongful death cases, I can guide you through the often complex legal process. I will fight diligently to protect your family's best interests and help you hold those responsible for your loved one's death liable.