If someone is killed as a result of the negligence of another individual, the decedent’s surviving family members are entitled to file a wrongful death claim or lawsuit against the at-fault party.
Wrongful death actions are covered under Texas Statutes Section 71.001. Under this section, the at-fault party can be liable for damages if the individual’s death was caused by negligence, a wrongful act, by carelessness or unskillfulness, or by default. Our Houston personal injury attorneys have years of experience handling wrongful death cases and can help you seek compensation for your lost loved one.
In Texas, those who are entitled to file a wrongful death lawsuit on behalf of a deceased person, include the following family members of the deceased:
- The surviving spouse
- The decedent’s children (including adult children and adopted children)
- The decedent’s parents
Under Section 71.004 (b), the decedent’s surviving spouse, children or parents may file a wrongful death action individually, or together, but for the benefit of all of these individuals.
The above family members may file a wrongful death action within three (3) months of the decedent’s death. If they do not file the action within three months, the action must be filed by the executor or administrator of the decedent’s estate, unless all of the individuals specifically ask the executor or administrator not to file such an action.
Please note that if the person responsible for the decedent’s untimely death is facing felony charges for the unlawful killing, the criminal proceeding against him or her does not bar the family from filing a wrongful death lawsuit. For example, in a felony DWI case.
When a family receives damages in a wrongful death claim, they compensate them for the losses they suffered as a result of the wrongful death. Such damages, include but are not limited to: lost earnings, lost love and companionship, pain and suffering, lost financial support, etc.
When a Texas wrongful death claim results in damages, the court divides them among the family members based on the proportion each family suffered as a result of the death.
A Texas wrongful death claim must be filed within 2 years of the decedent’s death, unless an exception applies, which there are only a few limited exceptions.
If you have lost a loved one due to the negligence of another individual or party, you are no doubt feeling a lot of grief and frustration. Compensation will not replace your loved one, but it can help with the next part of your life and to ease the burden of medical bills or expenses. Our firm is dedicated to delivering high-quality and compassionate to clients throughout Victoria whom are experiencing loss. Do not wait to seek justice for your loved one.
CONTACT OUR VICTORIA WRONGFUL DEATH LAWYER FROM JEROME FJELD & ASSOCIATES, PLLC!