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Who May File a Wrongful Death Claim in Texas?

Who May File a Wrongful Death Claim in Texas?

A wrongful death claim is a type of personal injury lawsuit brought to court by the surviving family members of a person who was killed in a preventable accident. In Texas, wrongful death claims may be brought if the neglect, unskillfulness, or wrongful act of one party causes death to another. Wrongful death can be the result of medical malpractice, construction accidents, workplace accidents, premises liability cases, and other types of accidents.

In Texas, wrongful death claims can be filed singly or jointly by the surviving spouse, parents, or children (biological or adopted) of a deceased person. If they fail to file the claim within three months of their family member’s death, the executor or personal representative of the person’s estate may file the claim instead. Texas currently does not allow wrongful death lawsuits between siblings.

Wrongful death lawsuits may provide compensation for the following damages in Texas:

  • Loss of care, support, advice, and counsel
  • Loss of income or maintenance
  • Loss of companionship, comfort, love, and society
  • Loss of earning capacity
  • Lost inheritance

In some cases, exemplary (also called punitive) damages may also be available. A wrongful death case involving gross negligence or a willful act of omission may warrant this type of compensation to punish the wrongdoer and prevent future misconduct in the future.

When a wrongful death claim is successful, damages are divided among surviving family members by the court according to how much they were affected by the family member’s death.

Work With a Wrongful Death Attorney You Can Trust – Call The Daspit Law Firm Today

Texas has a two-year statute of limitations for wrongful death claims. With time limited, it is important to contact a Corpus Christi wrongful death lawyer at The Daspit Law Firm as soon as possible. We can help investigate the circumstances surrounding the death of your loved one and help you pursue justice on their behalf. Our goal is to hold irresponsible people accountable for their wrongdoing and ensure that you do not have to shoulder the financial burden of someone else’s misconduct.

We understand that wrongful deaths can be devastating experiences. Let The Daspit Law Firm fight for you during this difficult time. To speak with an attorney at our firm, please contact us today to request a free consultation.