What Constitutes Wrongful Death in Texas?
A wrongful death action may be brought if the wrongful act, neglect, carelessness, unskillfulness, or default of one party results in another person's death. Pursuant to Texas Statutes Section 71.002;
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default."
To establish a wrongful death claim in Texas, the plaintiff must prove that:
- The defendant owed the decedent a legal duty of care
- The duty of care was breached
- A death occurred
- The defendant's wrongful actions resulted in the victim's death
- The surviving family members suffered actual damages from the death
Who Can File a Wrongful Death Claim?
Under Texas Statutes Section 71.004(b), any of the following persons may bring an action to recover damages for wrongful death:
- The decedent's spouse
- The children of the deceased person
- The parents of the deceased person
- An adopted child, provided that the adoption was legal and successful
- The personal representative of the deceased person's estate after three calendar months of the death
Statute of Limitations for Filing
The statute of limitations states that an action for wrongful death in Texas must be filed within two years from the date of the decedent's death.
Potential Damages Available
The following damages may be recovered from a wrongful death claim:
- Medical costs accrued before the victim's death
- Lost income and other benefits
- Burial expenses
- Funeral expenses
- Mental anguish
- Loss of care, guidance, support, or counsel
- Loss of love or companionship
- Lost household services
- Loss of consortium
- Punitive damages
Work with Knowledgeable Attorneys
Losing a loved one is an overwhelming experience that can cause significant, long-lasting ramifications to your financial, physical, and mental health. You shouldn't have to face these challenges on your own. It is important that you speak with knowledgeable personal injury attorneys to help protect your rights and pursue rightful compensation for your loss.
At The Torres Law Firm, we have the required resources and experience to help you hold the responsible parties accountable for your loved one's death. As your attorneys, we will:
- Fight to protect your rights and represent your best interests
- Review every last detail of your case and carry out a thorough investigation
- Gather necessary documentation, evidence, and other relevant information
- Work to establish that the defendant's wrongful actions caused the death
- Help negotiate with insurance providers to recover fair compensation for your loss
- Take additional legal action, if necessary
We will help pursue compensation to cover funeral costs, burial expenses, lost income and benefits, outstanding medical expenses, and loss of consortium. Having our team on your side can make a big difference in your wrongful death lawsuit.