A Guide to Pursuing Wrongful Death Compensation in Texas
It’s awful to lose a loved one because of someone else’s carelessness. When something like this happens, Texas law lets the family members who survived file a wrongful death case to get justice and money. To make smart choices during this tough time, you need to know how the court system works. This guide talks about your rights, who can file, the kinds of benefits that are available, and how to start a wrongful death case in Texas.
Understanding Wrongful Death Under Texas Law
In Texas, someone is guilty of wrongful death if they die because of someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default.” This could include deaths caused by car accidents, bad medical care, accidents at work, bad goods, or even crimes. The rules and steps for filing a claim for wrongful death are set out in Chapter 71 of the Texas Civil Practice and Remedies Code.
Who Can File a Wrongful Death Lawsuit?
Anyone in Texas can’t just file a wrongful death claim. State law limits this right to close family members of the deceased, specifically:
- The surviving spouse
- Children (including legally adopted children)
- Parents (biological or adoptive)
These eligible family members have three months from the date of death to file a claim. If none of them do, the executor or administrator of the deceased’s estate may file on their account, unless a family member objects.
Damages Available in a Wrongful Death Claim
Getting pay isn’t just about getting back the money you lost; it’s also about holding the person responsible accountable and making sure those left behind can live comfortably. Texas allows recovery for several types of damages, including:
- Economic damages: Lost earning capacity, loss of inheritance, and medical or funeral expenses.
- Non-economic damages: Pain and suffering, mental anguish, and loss of companionship, love, and support.
- Exemplary (punitive) damages: In cases of willful misconduct or gross carelessness, the court may give extra damages to punish the person who did wrong.
Statute of Limitations
When you file an unjust death case in Texas, time is of the essence. Most of the time, you have two years from the date of dying to file a lawsuit. If you miss this date, you might not be able to get any compensation at all. There are some exceptions, like when there are children involved or when there are criminal investigations, so it is very important to talk to a lawyer as soon as possible.
The Legal Process
Filing a wrongful death claim involves multiple steps and legal complexities:
- Consulting an Attorney: Experienced legal counsel can assess the case, gather evidence, and advise on the best course of action.
- Investigation and Filing: Your attorney will gather medical records, witness statements, and expert testimony before filing a wrongful death case in Texas courts.
- Negotiation or Trial: Many claims settle out of court, but if a fair settlement cannot be reached, the case may proceed to trial.
Why Legal Representation Matters
Cases of wrongful death are difficult to handle formally and emotionally. Having an experienced lawyer can make a big difference in how things turn out. They can make sure all legal deadlines are met, talk to insurance companies on your behalf, and, if necessary, defend your case in court.
Final Thoughts
Even though money can’t bring back a loved one, filing an unjust death claim is one way to get justice and help the people who were left behind financially. Texas law helps mourning families through this process, but it needs to be done quickly and with the right information. If you want to file a wrongful death case in Texas, you should talk to a good lawyer first. They will be able to help you through the process with care and drive.