Losing a loved one unexpectedly is a tragedy, and grieving families often face overwhelming emotional pain. 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, grieving families may need to file wrongful death claims to seek justice and compensation, 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. When a person's death is caused by someone else's negligence, it triggers the right for surviving family members to pursue a claim under the Texas Wrongful Death Act. 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 under the wrongful death act if their person's death was caused by someone else's negligence or wrongful act, and they would have been eligible to file a personal injury lawsuit had they lived.
Common Causes of Wrongful Death
Wrongful death can result from a wide range of tragic accidents and reckless behavior, often leaving families searching for answers and justice. In Texas, some of the most frequent causes of wrongful death claims include car accidents, truck accidents, workplace incidents, and violent acts.
Car accidents are a leading cause of wrongful death, often stemming from another driver’s negligence—such as distracted driving, speeding, or driving under the influence. Truck accidents, which can involve large commercial vehicles, are particularly devastating due to their size and weight, and may be caused by driver fatigue, improper maintenance, or violations of safety regulations.
Workplace accidents are another common source of wrongful death actions, especially in industries like construction, oil and gas, or manufacturing. These incidents may occur due to unsafe working conditions, lack of proper training, or equipment failures.
Product liability cases arise when a defective product—such as a faulty vehicle part or unsafe machinery—causes a person’s death. In these situations, manufacturers or distributors may be held accountable under Texas law.
Slip and fall accidents, while sometimes overlooked, can also lead to fatal injuries, particularly among older adults. Property owners have a duty to maintain safe premises, and failing to address hazards like wet floors or uneven surfaces can result in a wrongful death lawsuit.
Violent crimes, including assaults and homicides, are another tragic cause of wrongful death. In these cases, the responsible party may face both criminal charges and civil liability through a wrongful death claim.
No matter the cause, it’s crucial for surviving family members to consult with a Texas wrongful death lawyer as soon as possible. An experienced attorney can help families understand their rights, investigate the circumstances of their loved one’s death, and pursue the compensation they deserve.
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. Eligible parties include biological children, legally adopted children, surviving children, immediate family members such as the decedent's spouse, and adoptive parents. A common law spouse may also qualify if the relationship meets Texas's common law marriage requirements. 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, legal representatives such as the personal representative of the deceased person's estate or the decedent's heirs may file the claim. The court may determine the decedent's heirs if necessary. 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, including damages arising from the person's death.
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
- Funeral expenses
- Medical expenses
Wrongful death damages may include financial compensation for both economic and non-economic losses, such as emotional pain suffered by surviving family members. In cases involving gross negligence or intentional misconduct, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct.
The damages awarded in a wrongful death case are intended to help surviving family members recover compensation for their losses, 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 (the decedent'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.
Importance of Acting Quickly
When a loved one’s life is cut short by someone else’s negligence or wrongful act, time is of the essence for surviving family members seeking justice. Texas law imposes a strict statute of limitations on wrongful death lawsuits—generally two years from the date of the deceased person’s death. Missing this deadline can mean losing the right to file a wrongful death claim and recover damages.
Acting quickly is essential for several reasons. First, preserving evidence is critical. Important details—such as accident scene photos, surveillance footage, and witness statements—can be lost or become less reliable as time passes. Immediate action helps ensure that key evidence is collected and protected, strengthening your wrongful death case.
Identifying all responsible parties is another urgent step. In some cases, more than one individual, company, or even a government entity may share liability for the decedent’s death. Early investigation allows your attorney to determine who should be held accountable and include them in the legal action.
Consulting a Texas wrongful death attorney as soon as possible can make a significant difference. An experienced attorney will guide you through the legal process, explain your rights under Texas wrongful death statutes, and help you file a wrongful death claim within the required timeframe. They can also handle negotiations with insurance companies, ensuring that you and your family members are not pressured into accepting an unfair settlement.
By acting quickly, surviving family members can protect their legal rights, maximize their chances of recovering compensation, and hold the responsible parties accountable for their actions. If you are facing the aftermath of a loved one’s death caused by someone else’s negligence, don’t wait—reach out to a Houston wrongful death attorney to begin the process and secure the justice your family deserves.
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. A law firm with experienced wrongful death lawyers can provide crucial support by guiding you through the legal process, gathering evidence, and advocating for your rights. 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. Our Houston wrongful death attorneys will 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 wrongful death claim is to document all expenses related to the death of your loved one. It is crucial to act promptly after a death occurs, as timely documentation can significantly impact your case. 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. Documentation should begin as soon as possible after the individual's death. Your lawyer will need these records to calculate the income you’ve lost and the other financial burdens you’ve incurred.
Wrongful death and survival claims can sometimes be brought in the same lawsuit, allowing families to pursue compensation for both the losses resulting from the individual's death and any damages suffered prior to their passing. These claims are often handled by an experienced Houston personal injury attorney who understands how to coordinate both types of actions.
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.
