The loss of a loved one is always painful, but when that loss is caused by the wrongful actions of another, the grief can be compounded by anger and confusion. In Texas, wrongful death claims are a way for families seeking justice and compensation to have their "day in court" and be heard. A wrongful death lawyer in Houston, TX should always be your first call.
A Guide for Families From a Wrongful Death Lawyer in Houston, TX
Under Texas law, wrongful death is defined as a death resulting from a "wrongful act, neglect, carelessness, unskillfulness, or default" of another party. The wrongful death statute is codified in Chapter 71 of the Texas Civil Practice and Remedies Code. It enables specific family members to file a claim if the deceased would have been eligible to file a personal injury lawsuit had they survived.
Who Can Bring a Case?
Eligible parties include the surviving spouse of the deceased and biological and legally adopted children. Additionally, both biological and adoptive parents can file a claim. Siblings and other relatives are not permitted to file wrongful death claims under Texas law. If none of the eligible parties files a claim within three months of the death, the personal representative or executor of the deceased's estate may file the claim on their behalf unless specifically requested not to do so by eligible family members.
What Are the Key Elements of a Wrongful Death Claim?
To succeed in a wrongful death claim in Texas, the plaintiff must establish that the defendant owed the deceased a duty of care. For instance, a doctor has a duty to provide competent medical care in a medical malpractice case. Second, they must demonstrate that the defendant breached this duty of care through negligence, recklessness, or intentional misconduct.
Third, the breach of duty must be shown to have directly caused the deceased's death, meaning the death resulted from the defendant's wrongful conduct. Finally, the plaintiff must provide evidence of the damages suffered due to the wrongful death, such as financial losses and emotional distress.
What Damages Are Available?
Economic damages are quantifiable financial losses, including medical expenses incurred before death, funeral and burial costs, loss of the deceased's earning capacity, and loss of benefits such as pensions and health insurance.
Non-economic damages, while intangible and harder to quantify, are significant and include the pain and suffering experienced by the deceased before death, mental anguish suffered by surviving family members, and the loss of companionship, love, and guidance. All these are potentially recoverable, but you will want to talk with a qualified lawyer right away. For more information, click here.
Statute of Limitations
In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death. However, exceptions may apply in certain circumstances. For example, if the cause of death was not immediately apparent, the statute of limitations may begin from the date the cause was reasonably discovered under the discovery rule.
Bringing a wrongful death claim can be a an emotionally draining process, but it is an important step toward seeking justice and closure. Talk with a lawyer right away if you suspect a loved one was the victim of someone else's negligence.