If you’ve lost a loved one due to another person’s negligence or carelessness, Texas law provides a means of holding them accountable for the harm they’ve caused. However, only select family members are allowed to initiate a wrongful death lawsuit, including spouses, children, and parents. Here’s what to know.
What Is a Wrongful Death?
According to Chapter 71 of the Texas Code, a person is liable for an injury that causes another person’s death if that injury came about as a result of:
- A wrongful act
- Neglect
- Unskillfulness
- Carelessness
Wrongful death claims make it possible to hold negligent parties accountable. For instance, if your loved one suffered a fatal injury stemming from carelessness during a medical procedure, you might be able to sue the hospital, doctor, and any other staff who contributed to the incident.
Who Is Eligible to File a Wrongful Death Lawsuit in Texas?
Texas law also clarifies who can initiate a wrongful death lawsuit, which can include the following relatives of the deceased:
- Spouses
- Children
- Parents
These parties may file a lawsuit individually or collectively and can seek compensation for emotional pain and suffering. If the party filing the claim depends on the deceased person for financial support, they can also seek compensation for those losses.
If none of these individuals initiates a claim within three months of the deceased’s death, a personal representative or executor of the deceased’s estate can file on their behalf unless all eligible family members object.
The Role of a Personal Representative or Executor
An executor or personal representative acts on behalf of the deceased’s estate to pursue justice. Among other things, a personal representative can:
- File the wrongful death claim
- Manage any compensation awarded to the estate
- Distribute damages according to the deceased’s will or state law (if no will exists)
Executors should work closely with a wrongful death attorney to ensure that they’re acting in compliance with state laws.
Can Extended Family Members File a Wrongful Death Lawsuit?
Extended family members aren’t typically allowed to file a wrongful death lawsuit in Texas. Some examples of family members who may be ineligible to file a claim include:
- Grandparents
- Siblings
- Cousins
However, there are possible exceptions that may permit you to file a wrongful death claim as an extended family member. Consult an experienced wrongful death lawyer to find out whether an exception applies in your case.
What Are Your Rights in Wrongful Death Cases?
Under Texas law, you can seek compensation for the following losses arising from a wrongful death:
- Medical bills
- Funeral costs
- Loss of income
- Emotional pain and suffering
- Loss of consortium
A lawsuit can also help hold the at-fault party accountable and may spare another person from losing a loved one under similar circumstances.
Should You Hire a Lawyer?
You aren’t legally required to hire an attorney to file your wrongful death lawsuit. However, the other party will almost certainly hire legal representation. It’s wise for you to do the same. An experienced wrongful death attorney can help you navigate the claims process and fight for justice on your loved one’s behalf.
Additionally, your lawyer can assist in calculating damages for intangible losses related to your loved one’s death, such as loss of consortium. Also known as loss of companionship, this type of harm refers to the personal, social, or intimate benefits you lose because of your loved one’s passing.
Your attorney can also aid you with tasks like investigating the accident, determining liability, and negotiating settlements. If the at-fault party refuses to make a good-faith settlement offer, your lawyer can take your case to trial.
How Long Do You Have to File?
Texas imposes a two-year statute of limitations for personal injury and wrongful death cases. However, you shouldn’t wait that long to start your claim. The sooner you connect with an experienced legal professional, the easier it will be for them to gather the evidence needed to support your claim.
Moreover, the claims process can take months or even years. Filing your claim promptly will give your attorney time to gather evidence and build a compelling case. The stronger your case, the better your odds of achieving a satisfactory resolution.
How to Protect Your Rights After a Wrongful Death
Losing a loved one is a life-altering experience, but you don’t have to go through it alone. You can protect your rights by familiarizing yourself with Texas’s wrongful death laws and seeking qualified legal guidance.
Here are some key steps to take following a wrongful death:
- Schedule a free consultation with a reputable attorney
- Keep records of everything, including medical expenses and funeral costs
- Act quickly to ensure that your claim is filed within the statute of limitations
These measures will safeguard your legal rights and help you honor your loved one’s memory by formally addressing the responsible party’s negligence.
FAQ
What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?
You may be able to recover damages for medical and funeral expenses, lost income and benefits, loss of companionship, and mental anguish, among others.
Can Multiple Family Members File Separate Wrongful Death Lawsuits?
No — all claims must be consolidated into a single suit. You and your loved ones can file jointly or individually within the same legal action.
How Long Does a Wrongful Death Lawsuit Take to Resolve?
Your case could take anywhere from several months to several years to resolve. The timeline will vary depending on the complexity of the claim, how many parties are involved, and whether the at-fault party opts to settle.
Schedule a Consultation With Ramsey Law Group Today
Ramsey Law Group may be able to help ease the burden of your loved one’s passing. Contact us today to arrange a free consultation to discuss your legal options.