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If you lost a loved one in an accident caused by someone else’s negligence, you may have the right to file a wrongful death claim under Texas law. Through a wrongful death action, you could potentially hold the at-fault party financially accountable for the resulting financial and non-financial losses you and others will suffer.
To bring a successful claim, it is recommended that you hire an attorney with specific experience handling wrongful death cases to represent you. Wrongful death claims can be complex and emotionally charged. Fortunately, your lawyer can provide the knowledgeable counsel and aggressive representation you need during this trying time. The goal will be to ensure that you and your family do not struggle financially as you grieve your loss and work to move on with your lives after this tragic and unexpected event.
Contact the DFW and Texas wrongful death lawyers at The Wilhite Law Firm today to discuss your legal options during a free, no-risk case review.
Who Can File a Wrongful Death Claim in Texas?
In Texas, only specific individuals have the right to file a wrongful death claim. This right is exclusively available for the following family members.
In addition, an executor or administrator of the decease’s estate can also file a lawsuit if the surviving spouse, children, and parents have not filed a lawsuit within three calendar months after the death of the injured individual. It is important to note that if the surviving spouse, children, and parents all agree and do not want to pursue a wrongful death claim, the estate cannot proceed with the lawsuit.
There are different timelines that apply to these individuals, and rules regarding how any wrongful death awards are to be divided.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the family members or beneficiaries of a person killed due to someone else’s negligence, carelessness, unskillfulness, default, or misconduct. Wrongful death lawsuits are litigated in civil court (not criminal court), and the penalties against the defendant come in the form of compensation for the surviving family members’ losses.
Additionally, the Texas wrongful death statute only applies if the individual injured would have been entitled to bring an action for the injury if the individual had lived or had been born alive. If the deceased person had lived and would’ve been legally entitled to recover compensation from the defendant through a personal injury lawsuit, then their family members retain the right to file this type of claim on their behalf.
What Are Some Examples of Wrongful Death?
Some of the most common examples of wrongful death in Texas include:
- Car accidents – Car accidents are one of the most common causes of wrongful death. Most car accidents are caused by driver negligence.
- Medical malpractice – Medical malpractice occurs when a medical provider fails to uphold a reasonable standard of care. Medical negligence can sometimes lead to wrongful death.
- Workplace accidents – Industrial workplaces such as construction zones and factories tend to be more hazardous to workers. If an employer places an employee in a dangerous situation, a wrongful death may occur.
- Defective products – If someone dies due to a dangerous or defective product, the manufacturer of the defective product can be held responsible through a wrongful death claim.
- Truck accidents – Truck accidents are often catastrophic due to the sheer size and weight of large commercial trucks. Multiple parties could potentially be held accountable for a wrongful death caused by a truck accident, including the truck driver, trucking company, cargo loading company, and defective part manufacturer.
The loss of a loved one can be devastating for any family. If your loved one died because another person or entity was careless, that can make the grief all the more difficult to bear.
While no amount of money could ever make up for your loved one’s untimely death, pursuing financial compensation through a wrongful death claim can help reduce the financial burden your family is facing.
What Sort of Damages Are Available in a Wrongful Death Lawsuit?
Every case is unique. The damages you and your family can recover will depend on the losses you suffered in the wake of your loved one’s death. Some common examples of damages that are recoverable through a wrongful death lawsuit include:
- Medical expenses paid by the parties entitled to file wrongful death claims
- Reasonable and medically necessary for mental health services received by the spouse, children and parents
- Loss of inheritance
- Loss of household services the deceased person would have provided
- Loss of consortium
- Loss of love, guidance, companionship, and emotional support
- Loss of enjoyment of life
- Exemplary damages when the death is caused by a willful act or omission or gross negligence. Although they are not commonly awarded because they require a high standard of proof, they are designed to punish the at-fault party for especially egregious behavior and deter similar conduct in the future.
Are Wrongful Death Damages Subject to the Estate’s Debts?
No. In Texas Damages recovered in a wrongful death lawsuit are not subject to the debts of the deceased.
Is There a Statute of Limitations for Wrongful Death Claims?
Yes. The statute of limitations on wrongful death lawsuits in Texas. The statute starts on the date your loved one dies, which in some cases is after the date of the accident that caused the fatal injuries If you don’t take legal action within this timeframe, a court will most likely dismiss a case filed after two years, and you will be left with few options for recovering the compensation you and your loved ones are entitled to.
Note that your case does not need to be resolved within the two-year window. You simply need to file your lawsuit before the statute of limitations runs out.
Contact a Wrongful Death Lawyer in Texas
If your family member died due to another person’s negligence or misconduct, contact a DFW and Texas wrongful death lawyer at The Wilhite Law Firm today.
We understand how traumatizing it can be to lose a precious loved one, especially due to a careless or intentional act. Our team has the resources to thoroughly investigate the accident, document your losses, quantify your non-financial damages, establish liability, and aggressively negotiate a settlement on your behalf. If we cannot reach a fair settlement with the opposing party, our skilled trial lawyers will not hesitate to take your case to court.
Reach out to The Wilhite Law Firm by phone or online for a free consultation. We are available to take your call 24 hours a day, seven days a week, so contact us now.
