Losing a loved one is a devastating experience, especially after finding out it was due to someone else's negligent or reckless actions. You may be experiencing a great deal of pain associated with your loved one's death. You may not know where to turn or what your legal rights are.
Under Chapter 71 of Texas's Civil Practice and Remedies Code, you can file a wrongful death lawsuit if your loved one's death was caused by "wrongful act, neglect, carelessness, unskillfulness, or default."
This can be due to a:
- Car accident
- Truck accident
- Construction accident
- Defective product
- Industrial accident
- Other cause of personal injury
It's important that you act fast. You have two years from the date of your loved one's death to file a wrongful death lawsuit in Texas. The only exceptions are if the party pursuing the lawsuit is a minor or suffers from a mental or physical impairment that prevents him or her from filing. Exceptions may also apply if negligence on the part of the at-fault party wasn't known during the two-year period.
Who can file a wrongful death lawsuit in Texas?
In order to pursue a wrongful death lawsuit in Texas, your relation to the deceased must be:
- Surviving spouse
- Adopted children and adoptive parents may be eligible
A wrongful death lawsuit can be brought by one of the eligible parties or together as a group action. Texas law doesn't allow you to file a wrongful death claim if you're a sibling or other extended relative of the deceased.
Wrongful death lawsuit damages
In a personal injury claim, the person who was injured due to negligence is entitled to compensation for accrued losses. A wrongful death lawsuit allows eligible relatives to pursue damages on behalf of the deceased. These include:
- Lost income or earning capacity of the deceased.
- Mental anguish and emotional trauma of surviving relatives.
- Loss of support, guidance, companionship, protection and counsel the deceased would have provided.
- Medical and/or burial expenses
- Punitive damages (if the death was caused by gross negligence or maliciousness.)
Contact our Texas attorneys for legal help
If you lost a loved one because of someone else's negligence or recklessness, it's critical that you speak to an experienced Texas attorney who can help you get the justice you deserve. The last thing you need to deal with when mourning the loss of a loved one is an opportunistic insurance company who only seeks to take advantage of you. Instead, let the attorneys at Tracey Fox King & Walters handle your case for you.
Our legal team is committed to providing top-notch service to our clients. We'll take the time to review your case and leave no stone unturned. We'll also fight tirelessly to help you recover every penny you deserve in compensation. Our law offices are based in Houston, Dallas and San Antonio. Contact us online to schedule your free and confidential case evaluation.