Losing a loved one due to the negligence or intentional actions of another party can be devastating. This type of loss can result in emotional pain, financial instability, and enormous stress for those left behind. Fortunately, Texas law provides some relief to families who lose a loved one due to another party’s actions. In this article, we will discuss how you can make a personal injury claim for wrongful death in Texas.
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Understanding Wrongful Death Claims
A wrongful death claim is a civil lawsuit that seeks compensation for damages caused by a defendant or defendants who caused the death of another party. The legal claim is a way for the surviving beneficiaries or dependents of the deceased to receive monetary damages for the harm and losses they incurred due to the death of their loved ones. Wrongful death claims differ from criminal charges, which are filed by prosecutors to seek punishment for people who break the law.
Who Can File A Wrongful Death Lawsuit In Texas?
In Texas, the following parties are entitled to file a wrongful death claim:
- The surviving spouse of the deceased.
- The surviving children of the deceased.
- If there is no surviving spouse or children, the deceased’s parents.
- If there is no surviving spouse, children or parents, the executor or administrator of the deceased’s estate may file on behalf of other surviving heirs.
What Are The Requirements To File A Wrongful Death Claim In Texas?
To file a wrongful death claim in Texas, the following requirements must be met:
- The defendant (person or entity responsible for the death) must have acted negligently or with intent to cause harm.
- The plaintiff (person filing the claim) must have suffered damages as a result of the death.
- The plaintiff must have a qualifying relationship with the deceased.
For instance, if a person is killed in a car accident that was caused by another driver who was texting while driving, the surviving spouse, child, or parent can file a wrongful death claim against the driver. The plaintiff will need to provide evidence that the driver was acting negligently and that the plaintiff suffered damages due to the loss of their loved one.
Damages That Can Be Recovered In A Texas Wrongful Death Claim
In Texas, the following damages can be recovered in a wrongful death lawsuit:
- Economic damages: This refers to the financial losses that the plaintiff suffered due to the death of their loved one. Examples of economic damages include medical expenses, funeral expenses, lost wages, and loss of future earnings.
- Non-economic damages: These types of damages represent the emotional pain and suffering that the plaintiff experienced due to the death of their loved one. This can include loss of companionship, mental anguish, and loss of moral support.
How To File A Wrongful Death Claim in Texas
Before filing a wrongful death claim in Texas, it is essential to consult with an experienced personal injury attorney. The attorney will help you understand your legal rights and guide you through the legal process of filing a wrongful death claim.
Once you have contacted an attorney, they will investigate the case and gather evidence to establish negligence or intent to cause harm. After building a robust case, the attorney will file a lawsuit on behalf of the plaintiff. The defendant will then have a chance to respond to the lawsuit and gather evidence to support their defense.
If the case goes to trial, a judge or jury will determine whether the defendant was negligent or intended to cause harm and what damages the plaintiff should receive.
Conclusion
Losing a loved one to wrongful death is an emotional and traumatic experience. Fortunately, filing a wrongful death claim in Texas can help ease the financial burden and provide some level of justice. If you have lost a loved one and believe that their death was caused by someone else’s negligence or intent to cause harm, you should speak with an experienced personal injury attorney. They will help you determine whether you are entitled to file a wrongful death claim and guide you through the legal process.