Sponsored Love: Who Can File A Wrongful Death Lawsuit In Texas

Losing a loved one in an accident is a heart-wrenching experience. When the death is the result of someone else’s negligence or wrongdoing, it may qualify as a “wrongful death.”

In Texas, the law provides a pathway for certain family members to seek justice and compensation for their loss. This comprehensive guide explains wrongful death in the context of Texas law, including the accidents that commonly cause them and the legal steps involved in filing a lawsuit.

Understanding Wrongful Death

Wrongful death occurs when an individual dies due to the legal fault of another person or entity. This can include deaths resulting from negligence, recklessness, intentional acts, or strict liability.

Common Accidents Leading to Wrongful Death:

• Motor Vehicle Accidents: Car crashes, motorcycle accidents, and truck collisions are common causes.
• Workplace Accidents: These can occur in dangerous professions, like construction or oil and gas extraction.
• Medical Malpractice: Surgical errors, misdiagnoses, and improper treatment may result in a wrongful death.
• Defective Products: Deaths caused by faulty or dangerous products.
• Slip and Fall Accidents: Fatalities resulting from hazardous conditions on another’s property.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, the following individuals are eligible to bring a wrongful death claim:

• Spouse: A surviving spouse can seek compensation for the loss of companionship, suffering, and financial support.
• Children: Both minor and adult children can file to recover damages for the loss of parental guidance, support, and emotional relationship.
• Parents: The parents of the deceased can file a claim for the loss of their child, including emotional trauma and loss of companionship.

Notably, siblings are not eligible to file a wrongful death claim in Texas, and neither are fiancés or unmarried partners.

Steps for Filing a Wrongful Death Lawsuit in Texas

Step 1: Determine the Statute of Limitations

In Texas, a wrongful death lawsuit must generally be filed within two years from the date of the individual’s death. Missing this deadline could bar the claim entirely, so it’s essential to act promptly.

Step 2: Consult with an Experienced Attorney

Wrongful death cases can be complex and emotionally draining. A wrongful death attorney in Austin, Texas can help navigate the legal process, determine the liable parties, and help the family understand their rights.

Step 3: Investigation

Your legal team will thoroughly investigate the death, gathering all necessary evidence, such as accident reports, medical records, and witness statements.

Step 4: Determine Damages

Calculating the damages in a wrongful death case is multifaceted. It includes economic losses such as funeral and burial expenses, the deceased’s lost earning potential, and non-economic damages, including loss of companionship and mental anguish.

Step 5: File the Lawsuit

The attorney will file a lawsuit on behalf of the eligible family members. This document will list all parties believed to be responsible, the nature of the claim, and the damages being sought.

Step 6: Discovery

Both sides will engage in the discovery process, exchanging information and evidence relevant to the claim.

Step 7: Negotiation and Mediation

Many wrongful death claims are settled out of court. Parties may enter into negotiation or mediation to reach a settlement agreement.

Step 8: Trial

If a settlement can’t be agreed upon, the case will go to trial where the evidence will be presented to a judge or jury. They will determine the liability and the damages to be awarded.

While no amount of compensation can replace a loved one, a wrongful death lawsuit can provide financial relief during a difficult time and a sense of justice by holding the responsible parties accountable. If you’ve lost a loved one due to the negligence or misconduct of another, it is crucial to understand your rights and the necessary legal steps to take in Texas. With the guidance of a skilled wrongful death attorney, you can navigate this challenging process while honoring the memory of your loved one.

Photo credit: HWM.