How Wrongful Death Claims are Different from Other Personal Injury Lawsuits in Texas

No one ever wants to be in a position where they are contacting an attorney about filing a wrongful death claim. While we all know that every life ends in death eventually, wrongful death lawsuits involve situations where a loved one’s death occurred in an untimely way because somebody behaved irresponsibly.

Many people are hesitant to speak with an attorney about filing a wrongful death claim because they don’t want to feel like they are trying to profit from the death of a loved one. But it is important to remember that these claims are not intended to create a bonus. They are intended to provide resources to help make up for what you have lost because of the untimely death. Assessing liability through a wrongful death claim also provides a sense of justice that can help families find peace and closure after a painful loss.

Wrongful death lawsuits are handled by personal injury lawyers, but these claims differ from other personal injury claims in some key ways. A knowledgeable attorney can explain the details of the differences and how they affect your particular situation, but here are some general issues to keep in mind.

Understanding Wrongful Death Claims

A wrongful death claim is a personal injury claim, but unlike other personal injury lawsuits, a wrongful death lawsuit is not brought by the person who was injured for obvious reasons. The Texas wrongful death statute specifies that claims can be filed in situations when a person was injured because of:

• A wrongful act
• Neglect
• Carelessness
• Unskillfulness
• Default

If the person had survived, they could have filed a personal injury claim to recover damages. But because they did not survive, another person steps into their shoes and files a wrongful death claim instead.

The same types of situations that give rise to personal injury lawsuits can also be the source of a wrongful death claim. This includes car accidents, truck accidents, falls, medical malpractice, accidents at work, motorcycle accidents, fires, assaults, and other situations where someone’s irresponsible behavior was the cause of intentional or accidental injuries.

Individuals Who Can File a Wrongful Death Lawsuit

As noted above, one key difference between a wrongful death claim and other personal injury lawsuits is that the lawsuit is filed by someone other than the person who was hurt. Texas law allows a wrongful death claim to be filed by:

• The husband or wife of the deceased person (including common law spouses)
• The children of the deceased person
• The parents of the deceased person (not including stepparents or foster parents)

If none of these parties files a claim within three months after the death, then the executor of the deceased person’s estate can file a claim unless all of the family members listed above ask that a lawsuit not be filed. The money recovered would go to the spouse, children, or parents, even if the executor files the lawsuit. Amounts are divided among family members according to their individual losses, so the money may not be split evenly.

Time Limit to File a Wrongful Death Claim

For most legal claims, the law establishes a timeframe within which you must file in court or you lose the right to seek damages. This deadline is often referred to as the statute of limitations.

In Texas, most wrongful death claims must be filed within two years of the date of death. However, there are situations where the deadline can be extended. For instance, the child of a deceased person has until age 20 to file a wrongful death claim for the loss of a parent, if the child was under the age of 18 at the time of death. In other words, the two-year statute of limitations will not begin to run until the child reaches the age of 18. 

Another situation where the deadline could be extended is if the cause of death was hidden by fraud or was a medical mistake that was not detected until years later. If the person eligible to bring a claim is unable to file due to illness, injury, or other conditions, the statute of limitations may also be suspended, effectively extending the deadline.

In a personal injury case, the deadline to file a claim is two years from the time of injury, but with a wrongful death claim, the deadline is two years from the time of death, and that is a key difference.

Damages Have a Different Focus in a Wrongful Death Claim

In most personal injury lawsuits, the person who was hurt sues to recover compensation for their medical bills, wages lost due to time missed from work, and their suffering, pain, and loss of enjoyment of life. The focus is on the person injured.

By contrast, in a wrongful death claim, the damages focus on losses experienced by the surviving family members. This includes the loss of income they would have received from the deceased person, the loss of support, care, and companionship from the deceased person, and their mental anguish at losing this person from their life.

However, the executor of the deceased person’s estate can bring a different lawsuit, known as a survival action, seeking compensation for losses suffered by the deceased between the time of the injury and the time of death. Damages can be recovered for medical bills, pain, suffering, funeral costs, and lost wages. Funds recovered in a survival action go to the estate, and after bills are paid, the remainder will be distributed according to the terms of the deceased person’s will. If the deceased person did not leave a will, Texas intestate succession laws determine who receives the funds.

DeKeyzer Law Fights for Justice for Families Suffering Due to a Wrongful Death

When you have lost a loved one because of someone else’s irresponsible behavior, the team at DeKeyzer Law can help you obtain justice and bring a sense of closure to your life. We can help you understand what happened to cause the death and work to hold the at-fault parties accountable. The results can provide resources for the secure future that your loved one would have wanted for you.

We know this is a painful process, but we’ve seen the healing that can come in the end. To schedule a free and confidential consultation to discuss the options available in your situation, we invite you to call us at 713-904-4004 or contact us online.