Losing a loved one is painful enough without having to deal with the injustice of their death being caused by the negligent or wrongful actions of another individual or entity. Texas law provides a legal avenue for families to pursue wrongful death claims and seek accountability and compensation after their loss. This guide will provide an overview of Texas wrongful death laws and the wrongful death claim process.
What Qualifies as a Wrongful Death in Texas?
Under Texas statutes, a wrongful death occurs when a person’s death is caused by the negligence, gross negligence, or intentional act of another party. Some examples of circumstances that could lead to a wrongful death claim include:
- Vehicle accidents caused by a reckless or impaired driver.
- Medical malpractice such as a misdiagnosis or surgical error.
- Workplace accidents due to unsafe conditions or failure to follow safety protocols.
- Premises liability accidents, like slip and falls, due to property defects or poor maintenance.
- Nursing home abuse or neglect of duties leading to a patient’s death.
A wrongful death claim seeks to hold the liable party accountable for their negligent or unlawful actions or inactions that resulted in the death of a family member.
Who Can File a Wrongful Death Claim in Texas?
Texas law specifies which family members are eligible to pursue a wrongful death claim:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased
If none of these immediate family members are alive, the following extended family members may have standing:
- Surviving siblings
- Surviving grandparents
The eligible family members can either file the claim together or select one representative to file on behalf of all the beneficiaries. In some cases, the executor of the deceased’s estate may also file the claim.
It is important to note that only specific authorized family members are permitted to file a wrongful death claim. If you are unsure of your standing, a wrongful death accident lawyer Fort Worth TX can advise you on eligibility.
Time Limits for Filing a Wrongful Death Lawsuit
Texas law establishes a time limit for filing a wrongful death claim in civil court. Eligible parties must file their lawsuit within 2 years from the date of their loved one’s death.
This two-year statute of limitations applies no matter what caused the wrongful death, whether it was medical malpractice, a vehicle collision, workplace accident, etc. Failure to file before the deadline typically forfeits the right to pursue compensation through the court system.
An experienced wrongful death attorney can properly investigate the case and prepare the necessary documentation ahead of the filing deadline. This ensures your family’s rights are preserved.
Elements of a Wrongful Death Claim
Like with most personal injury cases, a wrongful death claim must establish certain legal elements and standards of proof. The main components your attorney must prove are:
Duty of Care – The defendant owed a duty of reasonable care to the deceased. For example, drivers must operate vehicles safely, doctors must provide adequate treatment, and property owners must maintain safe premises.
Breach of Duty – The defendant breached their duty of care through negligent actions or inaction. Failing to stop at a red light or properly diagnose a medical condition are examples.
Causation – The defendant’s negligence directly caused the death of the victim. There must be a clear link between the breach of duty and the resulting death.
Damages – Family members experience quantifiable monetary damages like funeral costs and lost income and benefits. Non-economic damages like mental anguish are also typically permitted.
Skilled wrongful death lawyers know how to thoroughly investigate cases, establish these legal elements, and build a strong claim for maximum compensation.
Damages Available in a Texas Wrongful Death Suit
In a successful wrongful death case, Texas law allows for two basic categories of damages:
Economic (Special) Damages
These are tangible financial losses with provable dollar amounts. In a wrongful death claim they may include:
- Medical expenses related to the injuries prior to death
- Funeral and burial costs
- Loss of financial support, benefits, and inheritance
- Loss of household services the deceased used to provide
Non-Economic (General) Damages
These are intangible losses like mental anguish, loss of companionship, pain and suffering, and loss of consortium. Texas caps these non-economic damages at a maximum of $250,000 per person or $750,000 total, in medical malpractice cases. There is no cap for other wrongful death cases.
Punitive damages may also be sought in cases where gross negligence or intentional misconduct is proven. An experienced Fort Worth wrongful death attorney can pursue full and fair compensation.
Why Hire a Wrongful Death Attorney?
Handling the complex legal and emotional elements of a wrongful death claim on your own can be difficult, if not impossible. An attorney has the skills and experience to protect your rights and guide you through the process. Benefits of legal representation include:
- Ensuring deadlines are met and filings handled properly
- Conducting a thorough investigation and building a strong claim
- Determining all available damages and sources of compensation
- Negotiating with insurance companies and liable parties
- Relieving family members of having to deal directly with the defense
- Going to trial if a fair settlement cannot be obtained
Most wrongful death attorneys work on a contingency fee basis, meaning legal fees are only paid if compensation is successfully recovered in the case. This removes financial risk. When you are ready to pursue justice and accountability, an attorney can advise you of your best legal options during this difficult time.
Seek Trusted Legal Support from the Team at Karns & Karns Personal Injury and Accident Attorneys
The experienced attorneys at Karns & Karns Personal Injury and Accident Attorneys can provide compassionate, dedicated representation in pursuing a Texas wrongful death claim after you have lost a loved one. We will aggressively seek rightful compensation while guiding family members through every step of the legal process. To schedule a free, no-obligation consultation to discuss your case, call us at 800-4THE-WIN (800-484-3946). Our legal team is here to help as you honor your loved one’s memory by seeking justice.
