WRONGFUL DEATH

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WHAT IS WRONGFUL DEATH?

A wrongful death action is a civil action against a person or entity whose negligence or wrongful conduct brings about the death of a person. It claims involve a broad range of fatal accidents including death resulting from vehicle or 18-wheeler accident, medical malpractice, products liability, work accidents and many others.

WHO CAN SUE?

In Texas, the deceased’s spouse, children, parents, and siblings are all eligible parities to file a wrongful death lawsuit. Priority is given to the children and spouse of the deceased so if they choose to file the lawsuit parents and other family member would not be able to pursue legal action.

WHAT DAMAGES ARE RECOVERABLE?

Economic Damages
Medical Expenses, Funeral, Expenses, Loss of deceased’s future earnings and benefits

Non-Economic Damages
Pain and suffering, mental anguish, loss of consortium and loss of inheritance.

Punitive Damages
Punitive damages may be available if the court finds that the responsible party was “grossly negligent.”

STATUTE OF LIMITATIONS:

There is a 2-year statute of limitations to file a wrongful death lawsuit in Texas. That means you have exactly two years from the date of your loved one’s death to file a lawsuit or you risk losing your right to seek compensation. There are some exceptions that may extend the deadline, but you should consult with an attorney regarding their applicability.