There is arguably nothing more devastating than the loss of a loved one. And the finality thereof makes wrongful death cases especially difficult for survivors, as no amount of compensation can bring back the one they love.
Be that as it may, compensation can work to bring immense relief to suffering family members and make a financial difference in their future. The problem, however, is that not everyone is eligible to file a wrongful death lawsuit in Texas.
What Defines Wrongful Death in Texas?
A wrongful death occurs in Texas when one party causes the death of another through one or more of the following manners:
- Wrongful act
- Neglect
- Carelessness
- Unskillfulness
- Default
The definition is broad, allowing it to encompass numerous types of situations, including criminal actions. With that in mind, common situations in which wrongful deaths occur are as follows:
- Traffic accidents
- Boating accidents
- Medical malpractice
- The use of defective products
- Premises liability (slip and fall, negligent security, etc.)
- Intentional or reckless violence
In many cases, victims do not die immediately and instead remain hospitalized. They suffer immense pain, miss work, and rack up medical debt.
These impacts and losses are also the responsibility of the liable party who owes wrongful death damages. However, they are paid to the decedent’s estate and recovered by way of a survivor’s suit.
Who Can File a Wrongful Death Lawsuit in Texas?
In Texas, only certain parties have standing to file a wrongful death lawsuit. These include the following members of the deceased’s family:
- Surviving spouse
- Minor and adult children
- Surviving parents
The executor or personal representative of the deceased may also file a wrongful death lawsuit, but only if one of these two statements is true:
- There are no more family members who can file
- No family member has filed a wrongful death lawsuit within three months of the decedent’s passing
Significant others, fiances, unadopted step-children, and others are not permitted to file a wrongful death lawsuit in Texas, regardless of the circumstances of their relationships. Siblings, grandparents, and aunts and uncles are also barred from filing wrongful death lawsuits.
Time Limits for Filing a Texas Wrongful Death Case
As with most legal actions, wrongful death cases are controlled by a legal deadline known as a statute of limitations. With regard to wrongful death cases in Texas, a victim’s survivor or personal representative has two years from the decedent’s death to file a wrongful death lawsuit.
Compensation
Proceeds from wrongful death lawsuits can bring significant relief to the lives of survivors. Types of damages available in suits of this nature include the following:
- Loss of maintenance, care, services, support, and counsel of the decedent in the past and in the future
- Emotional and mental anguish
- Loss of companionship and society
- Lost inheritance of what the decedent would have left had they achieved normal life expectancy.
Because the circumstances surrounding a wrongful death frequently involve violent crime or reckless actions, punitive damages are often available. These punish the party who caused the death for their particularly egregious actions. They also deter future acts of similar conduct by sending a strong warning of financial penalty to society.
The Importance of Legal Representation
Most understand just how devastating the loss of a loved one is. However, you cannot expect insurance companies and defendants to open their coffers to compensate victims’ loved ones.
They know how much financial liability is involved in these types of legal actions, so they’ll typically throw everything they can into paying less. They’ll hire experienced lawyers and experts to try to refute valid claims, and they are often successful when the plaintiff fails to hire counsel.
On that note, Houston wrongful death attorneys are who you need to turn to. Their sole purpose is to safeguard your right to proper compensation. They will use their knowledge of the law alongside their skill and training to increase your chances of receiving what you deserve.
They’ll handle every aspect of the case, including the following:
- In-depth incident investigations
- Management of paperwork, documents, and forms related to the claim
- Consulting with appropriate experts
- Insurance company negotiations
- Engaging in discovery
- Filing a lawsuit
- Litigation
- Trial representation
In other words, every aspect of your case will be left in the hands of competent professionals, allowing you the time and space to continue mourning and adjusting.
FAQ
How Many Traffic Fatalities Occur in Houston each year?
Houston sees over 300 traffic fatalities each year. Many are caused by the negligence and recklessness of others, making these accidents potential wrongful death cases.
What Happens if I File a Lawsuit After the Statute of Limitations Deadline?
If you miss the deadline, your case will likely be dismissed. However, there are a few key exceptions that can be made to the statute of limitations:
- The cause of death was not reasonably knowable at the time of death
- The party with standing was a minor at the time of the wrongful death
- The claim is against the government
The first two exceptions extend the statute of limitations, while the latter shortens it. If the government is the defendant, the victim’s survivor must inform it of the lawsuit within six months of the death.
When Is a Wrongful Death Lawsuit Not Permitted?
Wrongful death lawsuits are not permitted in many cases involving work injuries. Families of those killed by way of workplace negligence will receive compensation from workers’ comp exclusively unless a third party caused the death.
Get the Wrongful Death Representation You Deserve
Nothing can bring back a lost loved one. However, wrongful death compensation can ease much of the financial pressure caused by the accident. Ramsey Law Group is ready to help you hold negligent or unlawful parties to account. Call for a free consultation and learn how a wrongful death lawyer can help.