What Families Need to Know About Filing a Wrongful Death Claim in Texas - DeKeyzer Law

What Families Need to Know About Filing a Wrongful Death Claim in Texas

Jan 31, 2025 Wrongful Death

When someone passes away because of another’s negligent behavior or illegal actions, their family is forced to deal with an unbearable tragedy that should have never happened. In Texas, families can pursue a wrongful death claim that offers them a way to hold responsible parties accountable while also securing financial compensation for their losses. However, families in Texas who want closure and financial support must thoroughly understand how to file a wrongful death claim. A wrongful death attorney serves as a crucial partner for families trying to handle this difficult legal process. 

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by the surviving family members or the estate of a deceased individual whose death resulted from another party’s negligence, recklessness, or intentional misconduct. Common causes of wrongful death include:

The purpose of a wrongful death claim is to provide compensation for the financial and emotional losses suffered by the deceased’s family, as well as to hold the responsible party accountable for their actions.

Who Can File a Wrongful Death Claim in Texas?

Texas law specifies who is eligible to file a wrongful death claim. According to the Texas Civil Practice and Remedies Code, the following individuals may bring a claim:

  1. The surviving spouse
  2. The children of the deceased, including both biological and legally adopted children
  3. The parents of the deceased, including adoptive parents

If none of these individuals file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim unless explicitly prohibited by the surviving family members.

Can Siblings File a Wrongful Death Claim?

In Texas, siblings (both biological and adopted) are not permitted to file a wrongful death claim, even if they were close to the deceased.

What Damages Can Be Recovered?

The purpose of wrongful death claims in Texas is to provide financial restitution to families for both tangible economic losses and intangible non-economic losses. The types of damages that may be recovered include:

1. Economic Damages

These are measurable financial losses resulting from the death, such as:

  • Funeral and burial expenses
  • Loss of the deceased’s income and financial support
  • Loss of benefits, such as insurance or retirement benefits
  • Medical expenses incurred before the death

2. Non-Economic Damages

These compensate for intangible losses, such as:

  • Mental anguish and emotional pain suffered by the family
  • Loss of companionship and love
  • Loss of parental guidance and care

3. Exemplary Damages (Punitive Damages)

Texas law permits families to pursue exemplary damages when the death stems from gross negligence or intentional misconduct. The purpose of these damages is to penalize the offender and prevent other people from engaging in similar conduct.

Time Limits for Filing a Wrongful Death Claim in Texas

Texas law requires families to file wrongful death claims within a specific timeframe, commonly referred to as the statute of limitations. Families typically have a two-year period from the date of death to submit their claim. There are, however, some exceptions that may extend this deadline, such as:

  • The discovery rule, which applies when the reason for the death was not immediately determined
  • The statute of limitations for cases with minors can be paused until they reach adulthood.
  • Fraud or concealment by the defendant

If you fail to meet the statute of limitations deadline, your claim will likely be barred, so you need to act quickly.

How a Wrongful Death Attorney Can Help

The process of submitting a wrongful death claim involves intricate legal procedures that require professional know-how and meticulous attention to Texas legal requirements. A wrongful death attorney can provide crucial assistance in several ways:

1. Evaluating the Case

The attorney will evaluate the circumstances of the death to establish if a wrongful death claim can proceed. The lawyer will also examine medical records as well as police reports and witness statements to create a compelling case.

2. Identifying Liable Parties

Identifying the legally responsible individual or entity for a death can be difficult when multiple parties are involved in incidents like workplace accidents or product liability claims. A well-versed attorney with significant experience will be able to pinpoint all potential defendants and ensure they face appropriate consequences.

3. Calculating Damages

A thorough understanding of the present financial requirements and anticipated future expenses is necessary to determine total damages. Skilled wrongful death lawyers collaborate with specialized financial and medical professionals to establish precise calculations of both economic and non-economic damages.

4. Navigating Legal Procedures

Wrongful death claims involve extensive paperwork, strict deadlines, and procedural rules. An attorney will handle all legal filings, ensuring compliance with Texas laws and court requirements.

5. Negotiating with Insurance Companies

Insurance companies often attempt to minimize payouts in wrongful death cases. A skilled attorney will negotiate aggressively on behalf of the family to secure a fair settlement.

6. Representing the Family in Court

If a fair settlement cannot be reached, the attorney will take the case to trial. They will present compelling evidence, argue the case effectively, and advocate for the family’s best interests in court.

7. Providing Emotional Support

Losing a loved one is emotionally draining, and navigating the legal process can add to the stress. A compassionate attorney will provide guidance and support, allowing families to focus on healing while the legal aspects are handled professionally.

Steps to Take After a Loved One’s Wrongful Death

If you suspect that your loved one’s death was caused by negligence or misconduct, it is important to take the following steps:

  1. Gather Evidence: Get as much information as possible regarding the circumstances surrounding the death, including medical records, accident reports, and witness contact information.
  2. Do Not Speak to Insurance Adjusters: Insurers may try to get statements that could harm your case. Direct all communication to your attorney.
  3. Contact a Wrongful Death Attorney: Consult an experienced attorney as soon as possible to evaluate your case and start the legal process.
  4. Keep Complete Records: Keep thorough records of all expenses related to the death, including funeral costs and medical bills.

Our Wrongful Death Attorney is Here to Help Families Get Just Compensation

Wrongful death attorneys provide essential support by managing case complexities while negotiating with insurance firms and standing up for your family’s rights. Reach out to an attorney if your family lost a loved one through someone else’s negligence. They can guide you toward closure and seek justice for you and your loved one. Contact a qualified lawyer today.

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