What You Need to Know About Wrongful Death Claims in Texas: Advice from a Dallas Attorney

Death, unfortunately, is inevitable in the natural order of life. But when a loved one is killed in an accident that was the consequence of someone else's negligence, it is imperative that justice be sought.

Those responsible for creating a hazardous environment or dangerous conditions in which another person's death occurred should be held accountable. Furthermore, a wrongful death lawsuit may be the best option for seeking justice.

If you have lost a loved one in an accident in the Dallas-Fort Worth region, please get in touch with the Dallas wrongful death attorneys at the Rasansky Law Firm for a free consultation. We will evaluate each case on its own merits to see if we can help you seek justice by filing a wrongful death claim or lawsuit on your behalf.

The Definition of Wrongful Death in Texas

First, what exactly is a "wrongful death"? In Texas, a wrongful death occurs when another person, company, or entity is at fault for the victim's untimely demise. This could be due to inattention, malice, sloppiness, or sheer carelessness.

A wrongful death lawsuit or claim is filed to recover monetary damages from the party or parties held legally responsible for the decedent's death. (in the shape of money to make up for lost wages, for instance). Therefore, the responsible party could be made to pay for damages, including missed wages, burial costs, diminished earning ability and future potential, mental distress, and more.

What does all of this mean? If the person had survived the crash, they might have provided emotional and financial assistance to their loved ones for the rest of their life.

Who Can File a Texas Wrongful Death Claim?

A wrongful death claim can be brought forward in Texas by the decedent's spouse, parents, or children. But the victim's siblings can't pursue a wrongful death action on their behalf. It's also against the rules for any close relatives or friends of the deceased to file, as well as anyone named in the will.

To inherit, the decedent's children must be of legal age and of legitimate descent. The same is true of parents who file suit on behalf of their minor children. In order to file a lawsuit, they need proof that the victim was officially recognized as their child in Texas.

Remember that there is a strict time limit of three months from the date of death to file a claim for wrongful death. If the deadline is not met, only a personal representative may be able to submit the paperwork.

Personal Representatives in Wrongful Death Cases

As mentioned, executors of estates or personal representatives may also file a claim. Personal representatives are individuals who typically handle the deceased person's business.

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

Punitive Damages in Wrongful Death Claims

The damages you receive in a wrongful death litigation in Texas might take many forms. Your first option is to file a claim for lost pay. If the deceased person provided all or a large portion of the family's income, for instance, their passing would have a major impact on the surviving members' standard of living.

Prospective income is another factor. Maybe the victim had just landed a well-paying job, guaranteeing him or her a cushy retirement. Under these circumstances, you can seek monetary compensation by filing a wrongful death lawsuit in Texas.

People also help one another out in ways other than money. Perhaps the deceased was your rock emotionally, or perhaps your late spouse was a doting parent who took care of the house when you couldn't. You can never put a price on the people who enrich your life. A large settlement award, however, might help ease financial stress as you get your life back on track.

You also have the option to bring a claim for damages owing to the emotional trauma or "pain and suffering" you have experienced. This is particularly important to keep in mind if the trauma or stress you've experienced as a result of the death of a member of your family has kept you from going back to work or has even led to your termination from your job.

In the event that you are granted damages, those funds will be dispersed among the surviving members of your family in a manner that is proportional to each person's particular loss. For example, a larger amount may be granted to a spouse for their loss of consortium and income, whilst the deceased person's parents may be awarded a lower amount for their pain and suffering.

What is the Wrongful Death Statute in Texas?

If a person's or company's unlawful activities, negligence, incompetence, omission, or default resulted in the death of another, certain parties may file a wrongful death claim under the Texas Civil Practice and Remedies Code.

Remember that under Texas law for wrongful death, only a limited number of people can actually sue for wrongful death. Talk to a lawyer in Texas right away if you have questions about whether or not you can file a wrongful death claim on behalf of a victim.

Call the Rasansky Law Firm For Wrongful Death in Dallas

Our firm's staff of wrongful death attorneys in Dallas is ready and eager to take on cases involving any type of personal injury. We've made it our life's work to help people get the justice they deserve after a tragic accident, and we'll be right by your side every step of the way.

If you or a loved one in the Dallas region has experienced emotional trauma, loss of consortium, and more after a wrongful death, we can help.

In a free initial consultation, the lawyers at Rasansky Law Firm can explore your potential case with you and your loved ones. From there, our knowledgeable and sympathetic staff will respond to any questions you have regarding our legal services. Please get in touch with us at (214) 617-1816 right away.