If a dangerous setting or circumstance caused someone else’s death, that individual should be held responsible. Moreover, a wrongful death lawsuit could be the most effective tool for seeking redress.
Who may file a wrongful death action in Dallas or anywhere else in Texas? If someone you care about has been killed due to the negligence of another, read on to learn about your options.
What Constitutes Wrongful Death in Texas?
The term “wrongful death” raises the first question. When another person, business, or organization is responsible for a person’s premature death in Texas, such death is considered wrongful. This may have occurred as a result of carelessness, laziness, malice, or ignorance.
Damages may be sought via a wrongful death claim or lawsuit in Texas against those found liable for a loved one’s passing. (in the form of monetary compensation, for example, for lost earnings). Damages such as lost earnings, funeral expenses, impaired earning capacity, future potential, emotional pain, and more may be recovered against the liable party.
How to File For Wrongful Death in Texas
In the state of Texas, a wrongful death lawsuit may be filed by the deceased person’s surviving spouse, parents, or children. However, the victim’s siblings are unable to file a wrongful death suit on their behalf. Filing by heirs, beneficiaries, or anybody else connected to the decedent in any way is likewise prohibited by law.
Children of the deceased who are of age and of genuine ancestry are entitled to inherit. The same holds true for those who represent a minor in court, such as a parent. To launch a case in Texas, they must show that the victim is legally considered their kid.
Keep in mind that the statute of limitations for filing a wrongful death claim is only three months from the decedent’s date of death. A personal representative may be the only person who can submit the documentation in time if the deadline is missed.
This representative has two years from the date of death to submit a petition if no one in the victim’s immediate family does so within three months.
Damages For Wrongful Death in Texas
In a Texas wrongful death lawsuit, the compensation you get might come in a variety of ways. Making a claim for lost wages is your first choice. For example, if the deceased individual were the only or primary source of income for the household, their departure would dramatically affect the quality of life for those left behind.
Loss of earning potential is another consideration. Perhaps the victim had just landed a high-paying job that would ensure a comfortable retirement. You may file a wrongful death case in Texas to seek financial recompense for your loss.
There are many additional forms of aid that people provide for one another. Maybe they were your emotional anchor or the doting parent who took care of the home while you were sick or busy. People who add value to your life are priceless. However, a sizable settlement award may help you financially get your life back on track.
You may seek compensation for mental anguish as well. This is particularly true if the grief you’ve had over the death of a loved one has stopped you from going back to work or perhaps led to your dismissal from your position.
If you are granted damages, the funds will be divided among the remaining family members based on the amount of money each person lost. It’s possible that the deceased’s parents may get less compensation for their suffering than the spouse would for loss of consortium and income.
What is the Statute of Limitations For Wrongful Death?
Certain parties in Texas could file a wrongful death claim if another person or entity’s illegal actions, negligence, incompetence, omission, or default resulted in the death of another.
Keep in mind that there is a strict statute of limitations for filing wrongful death claims in the state of Texas. If you are wondering whether or not you may file a wrongful death claim on behalf of a victim in Texas, you should speak with a lawyer as soon as possible.
Contact a Dallas Wrongful Death Attorney
Contact our Dallas wrongful death lawyers, who are eager to take on cases involving any kind of accidental harm. We’ve made it our mission to ensure victims of terrible accidents get the compensation they’re due, and we’ll be by your side every step of the way.
We can assist you if you or a loved one in the Dallas area has suffered emotional distress, loss of consortium, or any other kind of injury as a result of the death of a loved one.
The attorneys at Rasansky | McKenzie Law will meet with you and your loved ones for free to discuss your possible case. Then, our friendly and helpful staff will answer any further questions you may have about our legal services. To get in touch with us immediately, dial (214) 617-1816.