In Texas, only a spouse, child (biological or adopted), or parent is allowed to sue for wrongful death. Siblings cannot file a wrongful death claim.
If the decedent had no family that could file suit (or if all parties choose not to), the executor or administrator of the deceased’s estate could file a wrongful death action after three months.
Who Can Benefit From a Wrongful Death Claim?
The parties mentioned above are also the only ones who can benefit from a wrongful death claim. They can choose to distribute any awards among other surviving family members.
A settlement or jury award will distribute the award “proportionate to the injury” resulting from the loss. How much each party receives will depend largely on how the loss affected them.
What Could I Recover in a Wrongful Death Claim?
An award from a wrongful death claim depends on your relationship to the deceased and how their passing affected you.
Spouses may recover lost earning capacity or loss of services, loss of consortium or companionship, and mental anguish. Children may receive financial recovery for loss of inheritance, loss of guidance, and emotional anguish. Parents may be entitled to an award for loss of love and mental anguish.
How Long do I Have to File a Wrongful Death Claim?
Texas law requires you to settle a wrongful death suit within two years of the date of your loved one’s passing.
If you fail to file within this period, you would likely be unable to recover the award you and your family deserve. However, some exceptions might toll the statute of limitations, but they are rare.
The team at D. Miller & Associates, PLLC™ can determine exactly how long you have to file your wrongful death lawsuit.
What is a Survival Action, and how does it Differ From a Wrongful Death Claim?
A survival action is a personal injury claim the deceased files before their passing. This claim can be related to the injury that caused the fatality or another unrelated injury. It is called a survival action because it endures after the passing of the filer.
A survival action benefits the deceased’s estate rather than their beneficiaries. The state will distribute the award per the deceased party’s will.
How Our Wrongful Death Lawyers Can Help
Losing a loved one is often the most difficult thing someone will face in their lifetime. It can be even more trying if the accident was preventable and resulted from another party’s negligence.
Fortunately, you are not alone. If you believe your loved one’s passing resulted from another party’s negligent or intentional actions, our personal injury attorneys could help you hold that party liable. We can handle your case from start to finish, allowing you to focus on grieving with your loved one rather than on the legalities of a civil suit.
When our team works on your case, your lawyer can:
Investigate the Accident That Led to Your Loved One’s Passing
Whether your family suffered an accident on someone’s property, on the road, or in their workplace, our injury firm can get to the bottom of what happened. We would then prove wrongful death occurred.
Your lawyer may discover that negligence played a role in the accident, and we can gather evidence to identify a liable party. These parties could include a property owner, another driver, or an equipment manufacturer.
Calculate Your Losses
When we file a wrongful death claim or suit, our lawyers want to make sure you seek fair financial recovery. Our representatives can determine which benefits you can seek and assign a dollar value to non-economic losses, as well.
Negotiate with Insurers
If you file a wrongful death claim, an insurer may attempt to undervalue or deny it. Our firm can step in to negotiate for a fair recovery. We may counter their determination of fault to establish a liable party’s negligence.
Represent You in a Trial
If our team needs to take your wrongful death case to court, your personal injury lawyer will not hesitate to do so. Our firm can handle the litigation process and all the paperwork involved in your suit. You will not have to deal directly with the liable party or their representatives.
Let Us Help You Pursue a Liable Party After Losing a Loved One
If you believe your loved one’s accident was preventable, do not hesitate to call us. D. Miller & Associates, PLLC can discuss your potential case. Our representatives could determine whether you qualify to file a wrongful death claim or lawsuit.
You could be allowed to sue for wrongful death, but your time is limited. Do not let a negligent party get away with causing your loved one’s fatal injuries. Reach out to us as soon as possible by dialing (713) 850-8600.
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