What Families Should Know About Texas’ Wrongful Death Statute

If your loved one died because of someone else’s mistake, dangerous actions, or harmful intent, you might be eligible to file a wrongful death claim. A wrongful death lawsuit holds the person or party responsible for your loved one’s death and provides your family with the compensation they need to move on.

Wrongful death claims are civil suits, which are different from criminal charges. When someone is found guilty in a wrongful death suit, the person responsible may owe you financial compensation. In a criminal trial, they can face jail time. In Texas, eligible family members can file a wrongful death claim, even if there’s already a criminal trial taking place in connection with their loved one’s death.

It’s essential to understand the distinction because it’s not uncommon for grieving families to think that criminal proceedings will help them recover financial compensation and only learn about their possible injury claim after the civil filing deadline has passed.

If you have questions about your options, the differences between these two trials, and what to do next, don’t wait to speak with an experienced Texas wrongful death lawyer who can explain everything to you.

Only certain surviving family members can file a wrongful death claim in Texas. They include the:

• Parents of the deceased
• Children
• Surviving spouse
• The personal representative of the deceased’s estate (under certain conditions)

These individuals can file a claim together or separately, but claims must be filed within two years of your loved one’s death. This two-year cap is known as the statute of limitations, and if you wait to file a claim until that deadline has expired, you may lose your right to compensation.

Unfortunately, siblings, unmarried partners, and friends are unable to file a wrongful death claim.

Who is eligible varies from state to state, so it’s important to understand your options in the Greater Katy Area and Texas and not generalized information that may not apply to your situation.

Adopted Families Are Still Eligible to File a Texas Wrongful Death Claim

In Texas, parents are allowed to file wrongful death suits after the death of their legally adopted child or children. Similarly, adopted children have the same rights as biological children and can file wrongful death suits after the death of their adoptive parents.

We know that thinking of loving family relationships in terms of dollars and cents can feel wrong. However, you shouldn’t have to suffer emotionally and financially after losing someone you love.

Wrongful death claims can help grieving family members find a sense of peace, closure, and security. They can also help your family recover the practical cost of losing your loved one too soon. While every family situation and case are different, this can include:

• Any medical expenses your loved one needed
• Funeral and burial expenses
• Lost wages
• Lost earning capacity
• Loss of inheritance, savings, inheritance, or other financial support this person would have been able to provide
• Lost care, support, services, advice, or guidance
• Loss of companionship, relationship, love, and comfort
• Your own mental anguish, pain and suffering, or emotional pain

Under Texas law, there is another type of financial compensation you could be eligible for called “exemplary damages.” Also known as “punitive damages,” exemplary damages are an additional dollar amount that the responsible person or party must pay the family to punish or make an example of them so others will learn from their mistake and avoid making reckless choices that take the lives of others.

If you want to learn more about punitive damages, please don’t hesitate to reach out to us to learn about your options.

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Wrongful Death Cases Can Be Tough. A Wrongful Death Attorney Can Help

Families shouldn’t have to suffer because of someone else’s mistake or wrongful acts. When you hire a wrongful death attorney to represent you and your family, we take care of the entire process.

We give you space to heal and grieve, while our wrongful death lawyers focus on the details of your case:

• Negotiating with the insurance company
• Providing information about opening an estate
• Investigating your loved one’s death
• Identifying everyone responsible
• Preserving any evidence
• Consulting with respected experts
• Answering your questions and educating you about your legal rights

And we’re prepared to take your case to trial, if need be, ensuring you and your family get the financial compensation you need and deserve.

We know how challenging life can be when you lose someone you love. We take every fight personally, which is why our team of personal injury and wrongful death lawyers is proud to represent Texans who’ve lost someone they love. Our law firm has a track record of success and is ready to hear your story, explain your options, and provide practical legal advice about what to do next.

Request your complimentary consultation today by sending us a message using the contact form, and someone will be in touch shortly. We look forward to speaking with you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.