Wrongful Death Laws in Texas
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A death of a loved one is a tragedy, especially if the death was a result of another party’s negligence or misconduct. Though no amount of compensation can bring back your loved one, we at Zinda Law Group wish to help you seek damages in the event of a wrongful death. If you or your loved one seeks to file a wrongful death claim, call Zinda Law Group at (888) 314-6671 for a free consultation with one of our personal injury lawyers.
What Is a Wrongful Death Lawsuit in Texas?
In Texas, a wrongful death is a death caused by another person’s wrongful act or neglect. A wrongful death lawsuit is available if the deceased person could have filed a personal injury claim if he or she had survived. However, because the deceased person cannot file a lawsuit, another person must file in his or her place.
Who May File a Wrongful Death Claim in Texas?
Only family members or a personal representative of the deceased person’s estate may file a wrongful death claim. Family members include the surviving spouse, children, and parents. Family members may file a claim individually or as a group.
However, if the family members do not file a claim within three months of the deceased’s death and the deceased had a personal representative, the personal representative may file a wrongful death claim.
What Damages Are Available in a Texas Wrongful Death Claim?
Two general categories of damages are available in a wrongful death claim;
- damages suffered by family members and;
- damages suffered by the deceased’s estate.
However, exemplary damages (also called punitive damages in other states) may also be available if the deceased’s death was a result of intentional or reckless conduct of another party.
The first category includes monetary compensation for;
- the loss of companionship and the like;
- the value of financial support family members would have received if the deceased was still alive, and;
- the value of household services the deceased would have contributed to if he or she was still alive.
The second category includes monetary compensation for;
- medical expenses related to the deceased’s death;
- funeral and burial expenses, and;
- lost wages and benefits.
How Long Do I Have to File a Wrongful Death Claim in Texas?
Texas’s statute of limitations states that a wrongful death claim must be filed within two years of the deceased person’s death. However, there are exceptions to the statute.
At Zinda Law Group, our personal injury attorneys are highly experienced in dealing with wrongful death claims across the country. We have the knowledge and resources to help you build the strongest case possible and seek the maximum amount of damages.
We at Zinda Law Group sympathize with our clients who have lost loved ones due to the wrongful acts or neglect of another. No amount of compensation can bring back your loved one, but you can be sure that Zinda Law Group will help you seek the maximum amount of damages from your wrongful death claim.
Meetings with attorneys are available by appointment only.