Few things are more devastating than suddenly losing a loved one because of someone else’s negligence. In Texas, wrongful death lawsuits provide a means of seeking financial compensation for such unexpected and unbearable losses. However, you must take the time to understand how the state determines one’s eligibility to file wrongful death claims to help ensure justice is properly served.
What Is a Wrongful Death Claim?
When a person dies because of the carelessness and neglect of another individual, their passing is a wrongful death. According to Texas law, a wrongful death claim will allow family members to pursue financial compensation. These claims are different from criminal cases and focus entirely on civil indemnification.
Who Is Eligible to File Wrongful Death Lawsuits in Texas?
In the state of Texas, there are specific limits on who can file a wrongful death claim. Only the following individuals may file:
- Surviving Spouse: Legally married spouses are eligible to file
- Children: Both biological and legally adopted children can file
- Parents: Biological (or adoptive) parents of a deceased child can file
If an eligible family member doesn’t file within three months of their loved one's death, the personal representative or executor of the deceased’s estate may bring the claim forward (unless all of the remaining surviving family members request otherwise).
Can Siblings File Wrongful Death Claims?
No: Texas law states that siblings, grandparents, or other extended family members are not allowed to file a wrongful death lawsuit, even if they were financially dependent upon the deceased before their passing.
Understanding Survival Actions vs. Wrongful Death Claims
In a wrongful death lawsuit, surviving family members are compensated for their losses. A survival claim is a separate legal action that can be filed to recover damages the deceased individual could have pursued had they survived, including:
- Any medical expenses acquired before their date of death
- Any pain and suffering the deceased individual experienced before passing
- Lost income from the time of injury until death
Unlike a wrongful death claim, survival actions don’t compensate for the family’s loss but instead seek damages for the deceased’s potential hardships.
Damages That Can Be Recovered
Pursuing a wrongful death lawsuit in the state of Texas allows families to recover compensation for various financial and emotional losses, including:
- The financial support the deceased provided
- Loss of inheritance
- Medical and funeral expenses
- Loss of companionship
- Emotional distress
When there is gross negligence or intentional harm, Texas law allows families to seek exemplary damages against the responsible party as well.
Additional Legal Considerations for Wrongful Death Cases
Wrongful death claims mainly focus on financial compensation, though they also serve to hold negligent individuals accountable and prevent future incidents. Family members who are pursuing these cases should, therefore, also be aware of the following:
- Insurance Limitations: Insurance companies are often involved in wrongful death cases, and they may attempt to minimize payouts
- Employer Liability: When a wrongful death occurs because of negligence at a place of work, employers or third parties may be held responsible
- Comparative Fault Laws: If the deceased individual was in any way partially responsible for the accident, their family’s compensation may be reduced
Because these factors can have such an impact on a wrongful death lawsuit, legal representation is crucial.
How Long Do You Have to File a Wrongful Death Claim?
The statute of limitations on wrongful death lawsuits in Texas is two years. That means eligible family members must file a claim within two years of their loved one’s death. There are some exceptions to this rule, however. These may include cases where:
- The claimant is a minor
- The individual responsible hid evidence
- The claim involves a government agency
In any case, missing the state’s deadline can often result in losing the right to seek compensation.
How to Prove a Wrongful Death Claim in Texas
In order to succeed in a wrongful death lawsuit, you, as the claimant, must be able to prove the following:
- Duty of Care: The defendant was under legal obligation to act responsibly
- Breach of Duty: The defendant acted negligently
- Causation: The defendant’s actions directly caused your loved one’s death
- Damages: There were measurable losses for you and your family because of the death
These cases often require expert witness testimony, thorough medical records, and financial documents to establish the above elements.
FAQ
Who Gets the Money in a Texas Wrongful Death Lawsuit?
In cases where multiple eligible family members are involved, compensation is typically divided amongst the surviving spouse, children, and parents.
What if the Responsible Party Faces Criminal Charges?
If the defendant is acquitted in a criminal trial, families can still pursue a wrongful death claim, as civil cases have a lower burden of proof.
Can a Family File Both a Wrongful Death and Survival Action?
A family can file both a wrongful death lawsuit and a survival action to help recover damages for their losses.
What if the Deceased Had No Spouse, Children, or Parents?
If there are no eligible family members able to file a claim within three months, the estate’s executor may bring the case forward.
Should You Hire a Texas Wrongful Death Attorney?
A wrongful death lawyer can help families in the following ways:
- Gathering necessary evidence
- Proving negligence or misconduct
- Pursuing the full amount of compensation available
- Handling negotiations with insurance companies
Wrongful death cases can be complex, requiring strong legal arguments and evidence. And that’s where a reputable attorney shines.
Get Help Filing a Texas Wrongful Death Claim
If you’ve lost a loved one due to the negligence of others, you have a right to seek justice. Ramsey Law Group is here to guide you through the legal process and fight for the compensation your family deserves. Contact our team today to discuss your case.