Losing a loved one is an incredibly painful experience. When their passing occurs because of someone else’s negligence or wrongful actions, the grief is often accompanied by frustration, anger, and a strong desire for justice.
In these situations, families may consider filing a wrongful death lawsuit to seek answers, accountability, and compensation for their losses.
What is a Wrongful Death?
A wrongful death occurs when someone causes the death of another person due to negligence, recklessness, or intentional wrongdoing. Texas law provides a pathway for surviving family members to file a lawsuit against the responsible party to recover damages for their loss's emotional and financial impact.
Who Can File a Wrongful Death Claim in Texas?
Not everyone affected by the death of a loved one can file a wrongful death claim. Under Texas law, the following family members have the right to bring such a lawsuit:
- The surviving spouse of the deceased
- Children of the deceased (including biological and adopted children)
- Parents of the deceased
Siblings, grandparents, and extended family members typically cannot file a wrongful death lawsuit.
How Long Do You Have to File a Wrongful Death Lawsuit in Texas?
In most cases, Texas statute of limitations law requires families to file a wrongful death claim within two years of the date of the loved one’s passing. Failing to meet this deadline can result in losing the right to seek compensation. Learn more about the statute of limitations in Texas.
Common Causes of Wrongful Death
Wrongful death claims can arise from a wide range of scenarios, including:
- Motor Vehicle Accidents: Fatal car, motorcycle, or truck crashes caused by negligent or reckless drivers.
- Workplace Incidents: Dangerous working conditions, lack of proper safety protocols, and equipment malfunctions.
- Defective Products: Faulty consumer goods or medical devices that lead to fatal injuries.
- Medical Malpractice: Misdiagnoses, surgical errors, or other forms of substandard medical care.
- Nursing Home Neglect: Abuse or inadequate care in long-term care facilities that result in preventable deaths.
Discover more about common causes of wrongful death here.
What Does a Wrongful Death Lawyer Do?
A wrongful death attorney helps families navigate the court system, ensuring they have the resources and support to pursue a claim effectively. Their role includes investigating the incident, establishing liability, documenting losses, negotiating with insurance companies, and representing the family in court if necessary.
Damages Recoverable in a Wrongful Death Lawsuit
Filing a wrongful death lawsuit allows families to seek compensation for economic and non-economic damages, including:
- Funeral and burial expenses
- Loss of earning capacity
- Loss of companionship and emotional support
- Mental anguish and suffering
- Survival damages, such as pain and suffering endured by the deceased
In cases involving egregious conduct, families may also seek exemplary damages to punish the wrongdoer.
Why Choose The Francis Firm to Pursue a Wrongful Death Case?
At The Francis Firm, we are dedicated to helping families who have lost loved ones due to someone else’s negligence. For over 25 years, our Texas trial attorneys have provided compassionate and effective legal representation, securing justice and financial recovery for grieving families.
Contact us today for a free consultation and let us handle the legal aspects of your case so you can focus on healing.
Frequently Asked Questions About Wrongful Death
1. What is a wrongful death claim?
A wrongful death claim is a legal action brought by the family or estate of a deceased person against the party responsible for their death. It seeks compensation for the losses caused by the death, such as financial support, emotional suffering, and funeral expenses.
2. Who can file a wrongful death claim in Texas?
In Texas, only the surviving spouse, children (biological or adopted), and parents of the deceased person can file a wrongful death claim. Siblings and other relatives are generally not eligible.
3. What is the time limit for filing a wrongful death lawsuit?
The statute of limitations in Texas for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. Exceptions may apply in certain circumstances.
4. What damages can be recovered in a wrongful death claim?
Damages may include funeral and burial expenses, loss of companionship, lost earning capacity, mental anguish, and in some cases, punitive damages.
5. Do I need an attorney to file a wrongful death claim?
While not required, having an experienced wrongful death attorney can significantly improve your chances of successfully navigating the complex legal process and securing fair compensation.
6. How is liability proven in a wrongful death case?
Liability is proven by demonstrating that the defendant's negligence, recklessness, or intentional actions directly caused the death of the victim. This often involves evidence, expert testimony, and legal analysis.
7. How much compensation can I receive for a wrongful death claim?
The amount of compensation depends on factors such as the deceased's income, the nature of the wrongful conduct, and the emotional and financial impact on surviving family members.
8. What is the difference between wrongful death and survival actions?
A wrongful death claim seeks compensation for the surviving family members, while a survival action allows the estate to recover damages the deceased could have claimed had they survived, such as medical expenses and pain and suffering.
9. Can I file a wrongful death claim if the deceased person was partially at fault?
Yes, Texas follows a modified comparative fault rule. As long as the deceased was less than 51% responsible for the incident, the family can still pursue a wrongful death claim.
10. How long does a wrongful death lawsuit take to resolve?
The timeline varies depending on the complexity of the case, the willingness of the parties to settle, and court schedules. Some cases are resolved in months, while others may take years.