Losing a loved one unexpectedly is a devastating experience, especially when their death was caused by someone else’s negligence, misconduct, or a personal injury accident. In Texas, families who suffer such a loss may have the right to file a wrongful death lawsuit to seek justice and financial compensation. This guide explains how wrongful death lawsuits work in Texas, who is eligible to file, what damages can be claimed, and why having an experienced personal injury lawyer can make all the difference.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim brought against a person, company, or entity whose negligence or wrongful act resulted in someone’s death. Unlike criminal cases, which are pursued by the government, a wrongful death claim is filed by the surviving family members or an estate representative seeking monetary damages.
Who Can File a Wrongful Death Lawsuit in Texas?
Under the Texas Wrongful Death Act, certain close family members are legally permitted to file a wrongful death lawsuit. These include the spouse of the deceased, the children (including adult children), and the parents of the deceased. If none of these individuals initiate a claim within three months of the person’s death, the executor or personal representative of the estate may pursue the lawsuit on behalf of the estate. However, this can only proceed if the eligible family members have not objected to such action.
It’s important to note that siblings, grandparents, or other extended family members are not permitted to file a wrongful death claim in Texas
What are the legal requirements for a wrongful death in Texas?
To file a wrongful death lawsuit in Texas, the death must have been caused by someone’s negligence or wrongful act. Only the deceased’s spouse, children (including adult children), or parents can file the claim. If they don’t act within three months, the estate’s representative may do so, unless the family objects. The lawsuit must be filed within two years of the death.
To succeed, the claimant must prove that the defendant owed a duty of care, breached that duty, and directly caused the death, resulting in damages such as emotional suffering, lost income, or funeral costs.
What Must Be Proven?
To succeed in a wrongful death lawsuit, the claimant must prove several key elements. First, it must be established that the defendant owed a duty of care to the deceased. Next, there must be evidence that this duty was breached through negligence, recklessness, or a wrongful action. The breach must be directly linked to the cause of death, meaning the defendant’s conduct was a substantial factor in bringing about the fatal outcome. Finally, the surviving family members must demonstrate that they suffered measurable damages as a result of the death, such as emotional pain, loss of financial support, or loss of companionship.
How much time do I have to file a wrongful death lawsuit in Texas?
In Texas, you generally have two years from the date of death to file a wrongful death lawsuit. However, exceptions may extend this deadline, such as if the claimant is a minor, the cause of death wasn’t discovered right away, or the responsible party concealed their actions. Despite these exceptions, no claim can be filed more than 10 years after the death. Acting quickly is crucial to preserving evidence and protecting your legal rights.
Should I accept a wrongful death settlement or file a lawsuit?
Whether to accept a wrongful death settlement or file a lawsuit depends on your specific case.
- Accept a Settlement if:
- The offer fairly compensates for your losses (emotional, financial, etc.)
- You want a faster resolution without going to court
- You wish to avoid the emotional stress of a trial
- The offer fairly compensates for your losses (emotional, financial, etc.)
- File a Lawsuit if:
- The settlement offer is too low or unfair
- You need accountability or public acknowledgment
- You believe stronger evidence could lead to a higher award in court
- The settlement offer is too low or unfair
What Damages Can Be Recovered?
Under Texas law, surviving family members may recover several types of damages in a wrongful death case. These include compensation for lost income and earning capacity of the deceased, loss of companionship and emotional support, mental anguish, lost inheritance, and expenses related to medical care and the funeral. In cases involving gross negligence or intentional harm, the court may also award exemplary (punitive) damages.
These damages are intended to ease the financial and emotional burden left behind by the loss of a loved one. While no amount of money can replace a life, compensation can provide stability and justice for grieving families.
Do you need a Lawyer? Let Abogada Kim Bruno Fight for Your Family
Wrongful death cases can be emotionally and legally complex. An experienced wrongful death attorney plays a crucial role in building a strong case and guiding families through the legal process. They can thoroughly investigate the incident, gather critical evidence, and work with medical and financial experts to support the claim. By accurately calculating fair compensation, the attorney ensures that all financial and emotional losses are accounted for. At Abogada Kim Bruno, we understand the pain of losing a loved one due to someone else’s actions. Our compassionate and dedicated team is here to guide you through every step of the legal process.