Losing a loved one is one of life’s most painful experiences. However, the emotional burden can feel heavier when that loss results from someone else’s negligence or wrongful action. There are unanswered questions about justice and accountability.
Filing a wrongful death claim in Texas can help bring clarity, hold responsible parties accountable, and secure financial support for grieving families during difficult times. Here’s what you need to know about the process.
What Is a Wrongful Death Claim?
Under Texas law, wrongful death occurs when a person’s death is caused by the "wrongful act, neglect, carelessness, unskillfulness, or default" of another party. This could involve incidents such as car accidents, medical malpractice, workplace accidents, or defective products. Filing a wrongful death claim allows eligible family members to seek compensation for their loss.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits the individuals who can make a wrongful death claim to:
- The spouse of the deceased
- Children, including both biological and legally adopted children
- Parents of the deceased individual
If no eligible family member files within three months of the death, the executor or personal representative of the deceased’s estate may do so, unless a family member specifically objects.
Types of Compensation Available
While no amount of money can replace a loved one, financial compensation can ease the burden of expenses and help sustain your future. Damages in a wrongful death case may include:
- Funeral and burial expenses
- Lost earning capacity or lost financial support
- Medical expenses incurred prior to death
- Loss of companionship, love, and support
- Mental and emotional pain suffered by the surviving family members
Depending on the case, punitive damages may be awarded to punish particularly reckless or egregious behavior by the at-fault party.
How to File a Wrongful Death Claim in Texas
Filing a wrongful death claim follows a specific process. Here is an overview of what to expect:
1. Consult an Attorney
The first step is to consult with an experienced wrongful death attorney familiar with Texas law. A skilled attorney will evaluate your case, explain your legal rights, and develop a strategy to pursue justice for your loved one.
2. Investigate the Case
Your legal team will thoroughly investigate the cause of your loved one’s death. They will gather evidence, such as police reports, medical records, witness statements, and expert testimony, to establish liability.
3. File the Claim
Your attorney will file a formal wrongful death claim on behalf of the eligible family member(s). The claim will outline the circumstances of the case, identify the responsible party or parties, and request appropriate compensation.
4. Negotiation or Trial
Many wrongful death claims are resolved through settlements outside of court. Your attorney will negotiate with insurance companies and opposing parties to secure a fair settlement. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide.
Filing Deadline in Texas
Texas imposes a statute of limitations for wrongful death claims. Generally, claims must be filed within two years from the date of death. While certain exceptions exist, waiting too long could result in losing your right to seek compensation. Prompt action is crucial.
Get The Support You Deserve
At such an emotionally challenging time, navigating a legal process may feel overwhelming. At Mendez Law Firm, we are here to guide you with compassion and expertise. We work tirelessly to ensure you understand every step of the process while providing the support you need to pursue justice for your loved one. Together, we can take the first step toward holding those responsible accountable and ensuring your family’s future.
If you have questions about filing a wrongful death claim in Texas, don’t hesitate to reach out.
Schedule a free consultation today at (956) 983-9673 to get the guidance and advocacy you deserve.