Losing someone you love or care about is one of the toughest things anyone can go through. When a preventable loss happens unexpectedly, the grief is often compounded by confusion, anger, and many unanswered questions. You might be asking yourself how this could happen, who is to blame, and if there is anything that can be done to ensure justice prevails and protect your family’s future. In Texas, wrongful death laws are designed to provide families with a legal path forward after a tragic and avoidable loss. While no legal claim can bring back your loved one, a wrongful death claim can help alleviate financial stress, reveal the truth, and hold those at fault accountable. A wrongful death claim can help ensure your family’s future is stable.
What is a Wrongful Death Claim in Texas?
In Texas, a wrongful death claim arises when someone dies due to another party’s negligence, carelessness, wrongful act, default, or unskillfulness. This is according to the Texas Civil Practice and Remedies Code, which outlines who may file these claims and the types of damages that can be recovered.
A crucial thing to note is that wrongful death lawsuits are civil cases and not criminal ones. This means that the focus is on holding the at-fault party financially accountable rather than punishing them. The good news is that even if no criminal charges are filed or if the defendant is acquitted in criminal court, a wrongful death claim can still proceed in civil court.
Who Can File a Wrongful Death Claim in Texas?
It is vital to understand who can and cannot file a wrongful death lawsuit.
According to Texas law, the following individuals are eligible to file a wrongful death claim:
- The surviving spouse
- The deceased’s children
- The deceased’s parents
However, if none of the people entitled to bring forward a wrongful death claim begins the action within three months after the death, the estate’s executor or administrator, also referred to as the personal representative, might pursue the claim unless the individuals raise objections.
In Texas, grandparents, siblings, and more distant relatives typically do not have the right to file a wrongful death lawsuit.
Common Causes of Wrongful Death Cases
Wrongful death cases can arise from various situations. Here are some of the most common causes we see:
- Motor vehicle accidents
- Workplace accidents
- Medical negligence
- Defective products
- Slip and fall accidents
The party responsible for the death can be an individual, corporation, government agency, or another legal entity whose actions or failures resulted in the fatal injury.
What You Need To Prove in a Texas Liability Case
To successfully establish a wrongful death claim in Texas, the plaintiff must prove certain legal elements.
- The defendant owed the deceased a duty of care. In other words, they had a legal obligation to act reasonably.
- The defendant failed to meet that duty through reckless, negligent, or intentional acts.
- The breach directly caused the death.
- The surviving family members suffered financial losses as a result of the death, such as funeral expenses, loss of inheritance, and loss of the deceased’s income and benefits.
The success of a wrongful death claim in Texas depends heavily on the strength of the evidence. This makes it vital to work with an experienced attorney who knows how to investigate the facts, preserve critical evidence, and build a compelling case on your family’s behalf. At The Law Office of Luis A. Perez, PC, we take a thorough, detail-driven approach to uncovering the truth, protecting your legal rights, and pursuing the justice and compensation your family deserves.
What Damages Can Families Recover?
In a Texas wrongful death case, the compensation aims to alleviate the financial and emotional burdens suffered by the surviving family members. Compensation can include:
- Economic Damages: These cover tangible financial losses, including:
- Lost income and future earning potential
- Funeral and burial costs
- Medical expenses incurred before the death
- Non-Economic Damages: These address the intangible, subjective, emotional toll of the loss. They include:
- Emotional distress
- Loss of companionship
- Mental anguish
- Loss of parental guidance and counsel
- Punitive Damages: In situations involving particularly egregious behavior, these damages may be awarded to punish the defendant and discourage similar conduct in the future.
At The Law Office of Luis A. Perez, PC, we carefully assess each case’s unique factors to determine the recoverable damages and their value. We have experience helping families fight against cunning insurance companies and secure settlements that truly reflect their losses. We can help your family, too.
How Long Do You Have to File a Claim?
In Texas, there is a two-year statute of limitations for filing a wrongful death lawsuit. Failure to file a claim within this time could mean losing the chance to seek compensation altogether.
That said, there are some exceptions to this law that may extend the filing period, such as cases involving fraud or if the plaintiff was a minor at the time of the deceased’s death. Consulting an attorney without delay can help protect your rights.
The Process of Filing a Wrongful Death Claim
The wrongful death claims process typically unfolds in several stages as outlined below:
- Consulting a Texas wrongful death attorney
- Investigation and case preparation
- Filing the lawsuit in the appropriate court
- Negotiating with insurance companies and defense lawyers
- Trial (if negotiations fail)
Take the First Step Toward Seeking Justice and Honoring Your Loved One
Losing someone dear to you is incredibly tough, and nothing can change that. However, holding the at-fault parties accountable can bring some closure and help prevent others from experiencing the same heartache. A wrongful death claim is not about putting a dollar value on your loved one’s life. Instead, it is about securing the financial stability your family deserves moving forward. Our Dallas wrongful death attorney understands how overwhelming this time can be. We are here to answer your questions and guide you through the entire process. If your loved one has passed away due to another party’s fault, please contact us today to schedule a consultation. Together, we can pursue justice, accountability, and peace of mind during this challenging time.