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TEXAS WRONGFUL DEATH

In Texas, monetary damages may be recovered in wrongful death lawsuits - lawsuits against another individual, organization, or company for someone’s death as a result of negligence. For example, if your family member dies as a result of a horrible car accident caused by some other person’s negligence, you may bring a wrongful death lawsuit against that person. Due to the importance of understanding the ins and outs of wrongful death lawsuits in Texas, you should consult a Texas wrongful death attorney to ensure that you make the best case possible in your wrongful death lawsuit.

Why Hire A Texas Wrongful Death Lawyer?

Wrongful death lawsuits are a very emotionally exhausting process. Not only must you deal with losing your loved one, but you must also deal with the added stress and difficulty of trying to understand the relevant rules and procedures regarding a wrongful death lawsuit. To help you get through this difficult time, one should hire a Texas wrongful death lawyer to assist you in meeting all deadlines and presenting all necessary evidence to collect the wrongful death damages you deserve. By hiring a Texas wrongful death lawyer, you will have counsel that understands the nuances of the law regarding wrongful death lawsuits in Texas and does the work so you can focus on personal matters.

Statute Of Limitations For Texas Wrongful Death Claims

A wrongful death lawsuit must be filed within a specific time frame, the statute of limitations, provided by Texas law. Under Texas law, all persons filing wrongful death claims must do so within the two year statute of limitations. The statute of limitations begins to run on the date of the deceased’s death.

One notable exception to the general statute of limitations regards medical malpractice claims. Wrongful death lawsuits resulting from a healthcare provider’s negligence must be filed within two years from the occurrence of the negligent ACT leading to the death of the deceased.

Any additional questions regarding the statute of limitations should be directed to a Texas wrongful death lawyer.

Kinds Of Wrongful Death Lawsuits In Texas

Wrongful death lawsuits may be brought in Texas for the following events (non-exhaustive):

  • Automobile accidents
  • Train accidents
  • Steamboat accidents
  • Negligence by Healthcare provider

You should consult a Texas wrongful death attorney to ensure that all of your questions or concerns are adequately addressed about potential wrongful death lawsuits in Texas.

Who Can File For and Recover Wrongful Death Damages in Texas?

Texas law is somewhat complicated when it comes to who can file for and recover wrongful death damages in Texas. First and foremost, before damages can be recovered in a wrongful death lawsuit, it must be shown that the deceased could have brought a lawsuit had he or she lived. Once this is shown, under Texas law, the following individuals may file for and recover damages in a wrongful death lawsuit:

  • Victim’s spouse
  • Children of the victim
  • Victim’s parents

The nuances of Texas law regarding wrongful death lawsuits make it recommended that you seek the help of Texas wrongful death attorney to guide you in the matter.

Compensation Recoverable In A Texas Wrongful Death Lawsuit

As a general rule of thumb, wrongful death damages awarded in a wrongful death lawsuit must be proportionate to the injury sustained to the plaintiff as a result of the deceased’s death. A variety of different types of wrongful death damages in Texas may be awarded in a wrongful death lawsuit, including the following:

  • Loss of future earnings that the deceased would have provided
  • Loss of care, love, and emotional support resulting from the loss of the deceased
  • Funeral expenses
  • Loss of inheritance (the amount that the deceased would have added to the estate and left to his family upon death)
  • Damages resulting from mental anguish (emotional pain and suffering)

Each plaintiff must provide separate claims and prove the claims for damages when attempting to receive damages in a wrongful death suit. It should be noted that the damages recovered in a wrongful death lawsuit are not subject to the debts of the deceased in Texas.

The high level of importance of having adequate representation during a wrongful death lawsuit cannot be underestimated. Therefore, you should retain the help of a Texas wrongful death attorney when going through a wrongful death lawsuit.

Texas Civil Practice and Remedies Code

Texas Wrongful Death Provisions

  1. Kinds of Wrongful Death Lawsuits
    • TX Civil Practice and Remedies Code ch. 71, §§ 71.002; 74.051.
  2. Statute of Limitations
    • TX Civil Practice and Remedies Code ch. 16, § 16.003; ch. 74, § 74.251.
  3. Who Can Be Awarded Damages for Wrongful Death
    • TX Civil Practice and Remedies ch. 71, §§ 71.003; 71.004.
  4. Recoverable Damages
    • TX Civil Practice and Remedies Code ch. 71, §§ 71.001; 71.010; 74.401.
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