Wrongful Death Claims – Who Can File in Texas and Why?

Losing a loved one to death due to someone else’s carelessness or negligence can be devastating.

It can also leave some people wondering where to turn financially and in other ways if that person was a critical income earner in the family or played other essential roles.

The state of Texas permits certain relations of the deceased the ability to file wrongful death claims with the help of a wrongful death attorney.

Here is what family members need to know about wrongful death claims and how wrongful death lawyers can help clients in these circumstances seek the compensation they are entitled to. 

What Is A Wrongful Death Case?

A wrongful death case filed by a wrongful death law firm on behalf of a qualifying survivor is almost the equivalent of a personal injury case filed on behalf of the deceased person.

Filed by the family or estate of the deceased, wrongful death attorneys can assist in these lawsuits when someone has died due to the negligence of someone else in some sort of accident such as a traffic accident, medical malpractice, a workplace accident, death due to a defective product, and premise liability accidents like slip-and-fall accidents.

Wrongful death suits may also be filed by wrongful death law firms if a loved one was a victim of intentional violence or nursing home neglect or abuse. 

Who Can File A Wrongful Death Lawsuit in Texas?

In Texas, a wrongful death suit can be brought by wrongful death lawyers on behalf of parties who are directly related to the deceased which includes surviving spouses, children, and parents.

If no claim is brought by a wrongful death attorney on behalf of any eligible surviving family member by the time three months have passed, the representative of the estate of the deceased may also file a wrongful death suit.

In either case, there is a statute of limitations of 2 years in place for anyone to file a wrongful death lawsuit. 

The Financial Impact of Losing A Loved One

Filing a wrongful death claim can be important for eligible claimants if they relied on the deceased financially or in other ways.

Wrongful death lawyers who are able to prove liability in a wrongful death lawsuit, which involves proving that the responsible party was negligent, can help eligible family members receive compensation based on lost income, lost inheritance, loss of care, maintenance, or other support, loss of love and companionship, mental pain and anguish, and a number of other losses that the claimant is entitled to.

Wrongful death law firms advise that for some, it could mean the difference between continuing a comfortable way of life or ending up losing their home and possessions. 

In Summary

No amount of monetary compensation can bring back a loved one lost through an act of negligence or carelessness.

Experienced wrongful death attorneys can help eligible family members gain the financial support they need to continue on.

Anyone in this position should reach out to a wrongful death lawyer to discuss the events that led to their family member’s passing and whether a wrongful death claim can be filed.