The loss of a loved one in death is an extremely emotionally taxing and difficult experience. The loss of a family member can be even more challenging if the death was caused by someone else’s negligent or deliberate actions.
In one recent year, there were over 227,000 preventable deaths in the US. This sad statistic indicates just how much injustice occurs every day. So what can you do when tragic loss affects your life?
State by state, certain surviving family members retain the right to seek justice and compensation for the loss of a loved one by filing a wrongful death claim. This article will discuss who can file a wrongful death claim in Texas, what compensation you may be eligible to receive, and the steps you can take to begin the process.
Understanding Texas Wrongful Death Claims
Texas law defines wrongful death as the “wrongful act, neglect, carelessness, unskillfulness, or default” that causes the death of a person.
The goal of filing a wrongful death claim is to hold the at-fault party responsible for his or her actions and to provide financial compensation to the family of the deceased.
Wrongful death claims in Texas commonly involve:
- Car accidents: Caused by negligent or reckless drivers
- Medical malpractice: Resulting from errors made by doctors and other medical professionals
- Workplace accidents: Often involving unsafe working environments or malfunctioning tools and equipment
- Defective products: Causing fatal injuries from manufacturing defects or design flaws
Who Can File a Wrongful Death Claim in Texas?
When it comes to filing a wrongful death claim, not everyone is eligible to do so. For example, siblings, whether biological or adopted, do not have the legal right to file a Texas wrongful death claim.
In Texas, the following eligible family members may file a wrongful death claim individually or as a group:
- Spouse: A surviving husband or wife can file a claim
- Children: Both biological and legally adopted children can file claims
- Parents: Biological or adoptive parents of the deceased can file wrongful death claims
What if none of these parties files a wrongful death claim? If, after 3 months, none of the eligible parties files a claim, the executor or personal representative of the deceased’s estate may file the lawsuit unless all eligible family members specifically request otherwise.
How to Prove a Wrongful Death Case
For your wrongful death claim to be successful, you must prove that the defendant’s negligence or intentional actions resulted in the death of your family member.
This involves proving the following four elements:
- Duty of care: The defendant owed a duty of care to the deceased (such as how a driver has a duty to obey traffic laws)
- Breach of duty: The defendant breached this duty through negligence or a wrongful act
- Causation: The breach of duty directly caused the death of your loved one
- Damages: The death resulted in damages to the surviving family members
Filing Within the Statute of Limitations
You do not have an indefinite amount of time to file a wrongful death lawsuit. Texas imposes a 2-year statute of limitations on filing a wrongful death claim. This means your claim has to be filed within 2 years of the date of your loved one’s death.
However, there are some exceptions to this rule. For example, minor children who are bringing a wrongful death claim would have 2 years from their 18th birthday to file a claim.
A personal injury lawyer can help ensure compliance with these deadlines and preserve the right to compensation.
A Texas Wrongful Death Lawyer Can Help You File a Claim
If you believe your loved one died because of someone else’s negligence, our wrongful death attorneys could help you hold that party liable.
The following are some of the steps your personal injury lawyer will take while handling your wrongful death case.
Investigate the accident
Your Texas wrongful death lawyer will investigate the cause of your loved one’s death and gather evidence.
Evidence used to prove fault in wrongful death cases may include:
- Police reports
- Medical records
- Witness statements
- Photos of the accident scene
- Video surveillance footage
- Testimony from accident reconstructionists and other experts
Identify all liable parties
Your personal injury lawyer will determine who is liable for your loved one’s wrongful death. Identifying all liable parties is important to maximizing compensation.
Liable parties could include:
- A negligent driver in a car accident
- A manufacturer in product liability claims
- An employer in a workplace accident
- A doctor in a medical malpractice case
- A business owner in a slip and fall case
Calculate damages
When you file a wrongful death claim or lawsuit, your lawyer wants to ensure that you receive maximum financial recovery. Your lawyer can identify what types of damages you qualify for and assign a dollar amount to non-economic losses as well.
Wrongful death damages may include:
- Medical expenses incurred before death
- Funeral expenses and burial costs
- Loss of earning capacity
- Loss of companionship, care, and support
- Pain and suffering
File the claim
After gathering evidence and calculating damages, your personal injury lawyer will draft and file the wrongful death claim. The claim is filed in civil court, initiating the legal process.
A claim typically includes:
- The legal basis for the claim
- A detailed account of the incident
- Evidence supporting liability and damages
Negotiate a settlement
You can be sure that the at-fault party and their insurance company are going to do all they can to undervalue or deny your wrongful death claim.
Most personal injury lawyers are skilled negotiators and aware of the tactics insurance companies use to avoid a payout. Your lawyer will step in to negotiate a fair settlement and won’t back down until you get the compensation your family deserves.
Contact a Texas Wrongful Death Lawyer Today
If your loved one died in an accident that you think was preventable, please don’t hesitate to contact Fielding Law today. Filing a wrongful death claim is one way you can seek justice and hold negligent parties accountable.
Our compassionate wrongful death lawyers can determine whether you qualify to file a claim or lawsuit. We can discuss your legal options and help you take the first step toward pursuing justice for your family.
Do you have questions about wrongful death claims in Texas? Contact our law firm today to schedule a free consultation. Call us at (877) 880-4090 or complete the contact form to schedule an appointment.
