What to Know About Texas Wrongful Death Claims

 Posted on June 06, 2024 in Wrongful Death

The loss of a loved one is traumatic, and dealing with this loss can be especially difficult if it was caused by the negligent or reckless behavior of another person. In the aftermath of your loved one’s passing, you may be faced with extensive bills, expenses, and the loss of a supporting member of your family. In these cases, a wrongful death claim can help you pursue compensation and hold the party responsible for your loved one’s death accountable.

A seasoned Texas wrongful death attorney can answer your questions about pursuing a wrongful death claim.

What Is a Wrongful Death Claim in Texas?

Texas defines wrongful death as a death that occurred from another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Under this statute, if a person caused the death of another, or an injury that led to death, by acting negligently or recklessly, he or she is liable for the damages arising from this death.

A wrongful death claim in Texas is a claim that seeks to hold the person responsible and recover damages related to the victim’s death. In many cases, a wrongful death claim is filed alongside a survival action.

The survival action aims to cover damages for the victim’s injuries between the occurrence of the injury and his or her death, while a wrongful death claim aims to recover damages for the surviving individuals’ (such as a widow or other family members of the deceased) damages from the date of the death and into the future.

Filing a Texas Wrongful Death Claim

A Texas wrongful death claim can be filed by the surviving family members of the deceased, such as a spouse, child, or sibling. This claim can be filed by one family member on behalf of all of the affected parties.

If the surviving family members do not file a wrongful death claim within three months after the victim’s death, then a personal representative, also called the executor, of the deceased’s estate must file on behalf of the surviving family members unless there has been an explicit request not to do so.

The statute of limitations for filing a Texas wrongful death claim is two years after the date of death. If this deadline is missed, the court will usually dismiss any wrongful death claim presented.

Damages that surviving family members may be eligible for after filing a Texas wrongful death claim include:

• Loss of income or financial support

• Loss of companionship and comfort

• Mental pain, anguish, and trauma

• The cost of medical bills and funeral expenses

• Punitive damages, in certain cases where the death occurred from very negligent or reckless behavior

Contact a Carrollton, TX Wrongful Death Attorney

When it comes to the wrongful death of a loved one, pursuing a claim is often necessary to recover compensation and seek accountability. An experienced Dallas County, TX wrongful death lawyer is key to filing a wrongful death claim in court and advocating for the compensation you deserve.

At Jerry D. Andrews, P.C., staff are fluent in Spanish and Attorney Jerry D. Andrews is committed to providing skilled and personalized representation for those affected by a loved one’s wrongful death. Call 214-221-5800 for a free consultation.