What Is a Wrongful Death Lawsuit?

The death of a loved one is always a heart-wrenching experience. However, when that death is caused by another’s carelessness or, worse, by purposeful or negligent actions, it can be absolutely devastating. Families of the deceased have the option to file a wrongful death lawsuit, and the compensation they seek is intended to ease the pain of their emotional and financial suffering.

This type of claim aims both to secure financial compensation and to impose accountability while delivering justice to the family who survived the loss. If you have lost a loved one due to another person’s negligence, Calhoun Meredith, PLLC, can help. 

Call us today at 832-430-6210 or send an online form for a free consultation and learn how we can fight for justice on your behalf.

How Does Texas Define Wrongful Death?

In Texas, wrongful death is codified in the Texas Civil Practice and Remedies Code, Chapter 71. It is applicable when someone dies as a result of another party’s negligence or carelessness.

Essentially, if the person who died would have been entitled to file a personal injury lawsuit had they lived, then the surviving relatives of that person can now file a wrongful death lawsuit in their place. A wrongful death lawsuit can stem from the following situations:

• Automobile accidents caused by negligent drivers
• Medical malpractice
• Workplace accidents caused by unsafe environments
• Defective products
• Criminal activity, such as drunk driving or assault

Each case is unique, but they all typically occur due to the negligent actions or inactions of another person or entity.

Who Can File a Wrongful Death Claim in Texas?

While many people can be affected by the wrongful death of a loved one, the law limits who can file the claim. A suit can typically only be filed by the surviving spouse, the deceased person’s biological or legally adopted children, or the deceased person’s parents.

The above individuals may file the claim jointly or separately. If one of these individuals does not file a claim within three months of the death, the personal representative (executor) of the deceased’s estate may file the claim, unless one of the surviving children or their spouse asks the personal representative not to file a claim.

In Texas law, siblings cannot file wrongful death lawsuits, regardless of their close relationship with the deceased.

Evidence Needed in a Wrongful Death Case

In order to successfully file a wrongful death case, certain elements must be proven to show that wrongful death did in fact occur. If you are filing a wrongful death lawsuit, you must prove:

• Duty of care: You must show that the responsible party had a duty of care owed to the victim, such as a medical professional providing care or a driver having a duty to operate their vehicle responsibly.
• Breach of duty: You must show evidence that the responsible party breached that duty.
• Causation: You must prove that the party’s breach directly caused your loved one’s wrongful death.
• Damages: Finally, you must also show that you and your family suffered damages due to the loss of your loved one.

Proof of these elements typically comes in the form of professional testimony, medical records, accident reports, and witness testimony.

How Long Do You Have to File?

The statute of limitations for wrongful death cases in Texas is two years from the date of the victim’s death. Your case will be dismissed if you miss the filing deadline, regardless of how strong your case may be.

Exceptions to this deadline do exist, however. For example, if the plaintiff is a minor or the defendant actively concealed their liability, the statute of limitations may be extended, but these are very limited.

The most advantageous approach is to speak to an attorney as soon as possible after your loved one’s death to ensure that you do not miss the deadline.

What Compensation Is Available?

Surviving family members may be able to recover monetary compensation if a loved one is killed because of another person’s negligent conduct. Wrongful death damages in Texas include compensation for financial losses as well as emotional pain and suffering.

Families who lose a loved one to the negligent actions of another can claim compensation for the deceased’s lost income potential and medical expenses, alongside funeral and burial costs and inheritance losses.

In some cases, family members may also be entitled to monetary damages for mental anguish, loss of companionship, emotional pain and suffering, loss of advice and counsel, and other non-monetary harms. Punitive damages may also be awarded in cases involving gross negligence or intentional misconduct.

Contact Calhoun Meredith, PLLC, Today

You’re not alone. If your loved one’s death was caused by another’s negligence, you may be entitled to compensation. Call Calhoun Meredith, PLLC, today at 832-430-6210 to schedule your free consultation. We strive to secure justice for your family’s future.