Losing a loved one unexpectedly is a tragedy. It’s even more painful when the loss is the result of someone else’s actions. Between grief and anger, you may have difficulty understanding or exercising your legal rights. For instance, you have the right to file a wrongful death lawsuit, but only if you act quickly and follow all state regulations.
Unfortunately, many grieving relatives never get the compensation they deserve because they don’t understand what’s required of them. If you’ve recently lost someone you care about due to negligence, the following information will help you get fair compensation for your loss.
Understanding Wrongful Death Lawsuits in Texas
If you’re injured in a car accident, you have the right to file a lawsuit against the party responsible for your injuries. However, if you die in that car accident, you won’t be around to file a lawsuit. Wrongful death lawsuits are designed to rectify such injustices.
When one of your loved ones is killed due to the negligent or intentional actions of another, you can file a wrongful death lawsuit if they would have been eligible to file a personal injury lawsuit had they lived.
Who Can File a Wrongful Death Claim in Texas?
According to Texas law, only certain people can file a wrongful death lawsuit. Specifically, you must be the child, parent, or surviving spouse of the deceased. Any of these individuals may file a wrongful death claim individually or on behalf of all eligible parties.
If none of the eligible parties file a lawsuit within three months, the personal representative of the deceased’s estate must file the claim on behalf of the estate. However, they aren’t allowed to do so if all eligible parties specifically request that a wrongful death lawsuit not be filed.
Types of Compensation Available From a Wrongful Death Suit
The compensation from a wrongful death lawsuit is similar to that from a personal injury claim. Surviving family members can be reimbursed for certain losses (immediate and future) resulting from the death of their loved one.
As part of a wrongful death suit, you can seek compensation for the following:
- Lost income or financial support you would have benefited from
- The value of household services the deceased would have provided
- Lost inheritance
- Pain and mental anguish you’ve experienced due to your loved one’s death
- Loss of consortium or companionship
The damages awarded in a wrongful death case are intended to make up for the deceased’s inability to contribute financially to their family or household and reflect the emotional suffering of the surviving loved ones.
The Statute of Limitations for Wrongful Death Lawsuits
In Texas, the statute of limitations for wrongful death lawsuits is two years from the date of the deceased’s death. This differs slightly from the statute of limitations for a personal injury lawsuit, which begins when the plaintiff is injured or discovers their injury.
How a Wrongful Death Lawyer Can Help You File a Claim
A wrongful death lawyer can be a boon when you’re filing a wrongful death claim. They’ll understand what the law demands and what types of evidence are required to support your case. Your lawyer will also identify all key deadlines and make sure you meet them.
The experienced wrongful death attorneys at Ramsey Law Group understand how hard it can be to deal with legal proceedings while you’re processing the death of a loved one. We’ll do everything in our power to support you so you can focus on recovering from your loss.
Steps to Take Before Filing a Wrongful Death Claim in Texas
The most important step to take before filing a wrong death claim is to document all expenses related to the death of your loved one. These records can be difficult to obtain if you don’t preserve them when they first appear. While it may be tough to remember when you’re struggling with grief, it can make a big difference in the long run.
Additionally, you’ll need to collect all financial records related to your loved one’s death. Your lawyer will need these records to calculate the income you’ve lost and the other financial burdens you’ve incurred.
FAQ
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A survival action is another type of legal action you can take after losing a loved one. It’s essentially a claim for compensation for the effects the deceased would have suffered had they survived. A survival action can cover losses like medical bills and lost wages between the time of the deceased’s accident and their eventual death.
What Is the Standard of Proof for a Wrongful Death Claim?
For your wrongful death claim to succeed, your attorney needs to provide a preponderance of evidence. In other words, the evidence must show that your claim is more likely true than not.
Can a Criminal Case Affect My Wrongful Death Claim?
Possibly. You can file a wrongful death claim even if the party you’re suing doesn’t face criminal charges. If they’re charged and convicted, it will likely help you win your claim.
Contact a Wrongful Death Attorney at Ramsey Law Group Today
If you’ve lost someone due to another party’s negligent or intentional actions, a wrongful death lawsuit can help soothe your pain and ease the hardship created by your loved one’s passing. However, Texas’s statute of limitations makes it imperative to act quickly.
Ramsey Law Group can help you take swift, decisive action following your loved one’s death. Contact us as soon as possible so we can help you get the compensation you need.