There is no greater tragedy than losing a loved one unexpectedly. When that death is caused by someone else’s negligence or misconduct, the pain is even more profound. Surviving family members can be left struggling with grief, lost income, and mounting expenses. During such a challenging time, pursuing justice through a wrongful death lawsuit may be the furthest thing from your mind. However, taking legal action can provide some closure and accountability while securing compensation to stabilize your family’s future. Here in Texas, we understand how difficult yet important these cases are for those left behind.
Understanding Wrongful Death in Texas
Texas law allows certain family members to file a wrongful death claim when their loved one is killed due to another party’s misconduct. The claim can be filed against an individual, company, or government entity whose actions or inaction resulted in the death.
To have a valid Texas wrongful death case, the death must have been caused by one of the following:
- Negligence – Failure to exercise reasonable care that results in injury or death. Examples include medical malpractice, defective products, and automobile accidents caused by distracted driving.
- Intentional misconduct – When someone purposefully engages in conduct that leads to another person’s death. This includes murder, battery, and other intentional acts.
- Strict liability – Holding a party responsible for a death even if they were not negligent because the activity they were engaged in was inherently dangerous. Common examples are dog bites and hazardous waste exposure.
The surviving family members, known as beneficiaries, must be able to show that the actions of the defendant(s) were both the cause-in-fact and proximate cause of their loved one’s death. Additionally, there must be quantifiable damages stemming from factors like lost income, companionship, and pain and suffering.
Establishing liability and damages often requires extensive investigation, legal research, and expert testimony. An attorney experienced in Texas wrongful death cases will know how to build the strongest case possible to prove misconduct led to the death and ensure fair compensation.
Who Can File a Texas Wrongful Death Lawsuit?
Texas laws designate which family members are eligible beneficiaries in a wrongful death lawsuit:
- Spouse
- Children
- Parents of the deceased
If none of these immediate family members are living, more distant relatives like grandchildren and siblings may also have standing to pursue a claim. Additionally, the personal representative or executor of the deceased’s estate can file on behalf of beneficiaries.
Beneficiaries do not all have to participate in the lawsuit. For example, the spouse may file without the children or vice versa. However, the court will determine the distribution of any settlement or award based on the losses suffered by each living beneficiary.
An attorney can advise on the best potential plaintiffs and strategy for maximizing the value of the claim. They will also ensure all procedural requirements are met so the right beneficiaries are part of the wrongful death suit.
Time Limits for Filing a Wrongful Death Claim
Texas law imposes strict deadlines for filing a wrongful death claim after a loved one’s passing: two years from the date of death for cases based on negligence or intentional misconduct. This time limit applies regardless of when the wrongful death was actually discovered. The only exception is if fraud or concealment of evidence is proven against the liable party.
It’s critical to act quickly when moving forward with a wrongful death case. The statute of limitations will bar any claim filed too late, even if negligence or misconduct is clear. An experienced attorney can help properly file before the expiration of the statute of limitations and ensure this deadline is met. They can also advise if any grounds exist for an extension.
Damages Available in Texas Wrongful Death Suits
One purpose of a wrongful death lawsuit is to hold the liable party financially accountable through an award of damages. While no amount of money can make up for the loss of a loved one, it can provide some compensation and prevent similar tragedies.
Damages that may be recovered in a Texas wrongful death claim include:
- Loss of companionship and love
- Loss of earnings, benefits, and inheritance
- Conscious pain and suffering of the deceased prior to death
- Funeral and burial expenses
- Exemplary or punitive damages in cases of gross negligence or intentional misconduct
The total value of the claim depends on the deceased’s life expectancy, income, and relationships, as well as the nature of the misconduct that led to the death. An attorney can retain expert witnesses, such as forensic economists, to properly calculate both economic and non-economic categories of damages. This ensures your loved one’s worth is fully established.
Why Hire a Wrongful Death Attorney?
Pursuing compensation after a wrongful death is complex on both legal and emotional levels. An attorney experienced with these cases can provide invaluable assistance:
- Determining viable defendants and theories of liability
- Gathering evidence to prove the case
- Calculating all categories of damages
- Interviewing expert witnesses if necessary
- Negotiating fair settlement offers
- Taking the case to trial if a reasonable settlement cannot be reached
- Avoiding common legal mistakes that could get the case dismissed
The best wrongful death lawyers also provide support and guidance to grieving families throughout the legal process. This compassionate representation is just as important as successfully building the strongest possible claim. An attorney should ease the burden on your family so you can focus on healing while they pursue justice.
Seeking Justice and Compensation in Texas
The tragic loss of a loved one should not go unanswered. Our team understands the complex legal and emotional aspects of wrongful death cases. We have a proven track record of results, recovering millions for bereaved clients across Texas. If you believe the negligence or misconduct of another party led to your loved one’s death, contact us today for a free consultation. Call 800-4THE-WIN (800-484-3946) now to explore your options with an attorney who will fight for the justice you deserve. We will handle every aspect of the wrongful death claim so you can find some closure and hold the responsible parties fully accountable. Don’t wait, call now!
