Understanding Wrongful Death Claims in Texas: A Guide for Families

Texas has statutes that govern claims of wrongful death. The legal system is complex and may be difficult to comprehend at times. The theory behind it, however, is straightforward: the survivors of a person who was killed as a result of the unlawful or negligent actions of another person have the right to file a lawsuit for compensation (also known as "damages") for injuries they have sustained as a result of the death.

We will discuss the wrongful death legislation in Texas, and we will also take a look at a "survival" case, which is a kind of litigation that is very similar to the wrongful death statute. Filing a petition for unlawful death could be the most effective means of pursuing justice after your loved one has been killed through no fault of their own.

Documenting Wrongful Death Claims

An unlawful death in Texas transpires when an external individual, organization, or structure is responsible for the untimely demise of the victim. This may be the result of negligence, malice, indifference, or sloppiness.

A claim or litigation for unlawful death is initiated in order to obtain monetary compensation from the party or parties deemed legally liable for the decedent's demise. (such as monetary compensation to offset the loss of wages, for example). As a result, the culpable party may be held liable for various damages, such as lost wages, funeral expenses, reduced earning capacity and future prospects, psychological anguish, and more.

What exactly does this all mean? Had the individual survived the collision, they could have potentially offered enduring financial and emotional support to their close relatives.

A wrongful death claim may be initiated in the state of Texas by the spouse, parents, or children of the deceased individual. However, siblings of the victim are not permitted to file an unlawful death claim on their behalf. Additionally, individuals named in the will or close relatives or acquaintances of the deceased are prohibited from filing.

To inherit, the offspring of the decedent must be of legal age and legitimate descent. A parent who initiates legal proceedings on behalf of their minor offspring faces the same standard. They require evidence that the victim was formally recognized as their child in Texas to file a lawsuit.

Remember that the Texas wrongful death statute of limitations is two years from the day the cause of action arises. If you wish to attempt to collect compensation for the loss of a loved one, you have two years to submit a claim for wrongful death, which often begins on the day that your family member passes away.

Personal Representatives in Wrongful Death Claims

Certain parties may file a wrongful death claim under the Texas Civil Practice and Remedies Code if the demise of another was caused by the recklessness, negligence, incompetence, omission, or default of an individual or organization.

It is important to keep in mind that, according to the legislation of Texas, lawsuits alleging illegal death may only be filed against a certain number of people. Of course, you should also consult with a Texas attorney as soon as possible if you have any questions or concerns about whether or not you are able to bring a claim for wrongful death on behalf of a victim.

As previously stated, personal representatives or executors of estates may also register a claim. Personal representatives are typically entrusted with managing the deceased's affairs.

By two years from the date of death, if no one in the victim's immediate family files a petition within three months, the executor or personal representative may do so.

Damages in Texas Wrongful Death Claims

The nature of the damages awarded in a wrongful death lawsuit in Texas is variable. Initiate the process by filing a claim for lost wages. In the event that the deceased individual contributed a significant portion or the entirety of the family's income, for example, their demise would profoundly affect the quality of life for the surviving members.

Additionally, prospective income is a factor. Perhaps the victim had recently secured a lucrative employment opportunity that would ensure a comfortable retirement. You may pursue monetary compensation under these conditions by initiating a wrongful death lawsuit in Texas.

Individuals assist one another in ways beyond monetary contributions. It is possible that the deceased served as a source of emotional support or that your former spouse was a devoted parent who managed the household in your absence. Value cannot be placed on the individuals who bring joy into one's life. On the contrary, a sizable settlement award could potentially alleviate financial strain while you regain control of your life.

Additionally, you may file a claim for damages about the emotional distress or "pain and suffering" that you have endured. It is especially critical to bear in mind this if the distress or anxiety you have encountered due to the bereavement of a family member has prevented you from returning to work or has even resulted in your dismissal.

Should you receive compensation for damages, the awarded funds will be distributed among the surviving family members proportionately, taking into consideration the individual loss of each person. For instance, a spouse may be granted a greater sum in compensation for loss of consortium and income, whereas the parents of the deceased individual may receive a lesser sum to address their emotional distress.

Contact the Wrongful Death Lawyer in Texas

Our wrongful death lawyers in Dallas are enthusiastic and prepared to accept cases involving any form of personal injury. We are fully committed to assisting individuals in obtaining the justice they are entitled to following a catastrophic catastrophe, and we will provide unwavering support throughout the process.

We can assist you or a loved one in the Dallas area who has suffered emotional trauma, loss of consortium, and other traumatic effects as a result of a wrongful death.

The attorneys at Rasansky Law Firm can discuss your prospective case with you and your loved ones during a complimentary initial consultation. Our empathetic and well-informed personnel will subsequently provide responses to any inquiries you may have concerning our legal services. Immediately, please contact us at (214) 617-1816.