Wrongful death accidents are the worst to experience. There’s no amount of compensation that can account for the loss of a loved one.
Filing a wrongful death claim in Texas means adhering to Texas’s specific wrongful death laws, which we look at in more detail in this article. Here’s a rundown of those laws and what you need to know to file a claim.
Texas’s statute of limitations
Texas holds a strict statute of limitations when it comes to personal injury cases, including wrongful death. Families have two years to file a claim after the date of death.
There are a couple of exceptions to this. Firstly, if a child’s parent dies before he or she is 18, the two years will begin when the child does turn 18 and is legally able to file. Secondly, sometimes it’s not known until much later that a person died due to negligence. If this is the case, the two year statute of limitations begins once negligence is established as the culprit.
Who can file a wrongful death claim in Texas?
Only a victim’s most immediate family members have the right to file a wrongful death claim in Texas. Those family members include:
- A spouse
- A child
- The victim’s parents
Additionally, children born out of wedlock that depended upon the deceased, adopted children, or adoptive parents of a deceased child have the right to file a wrongful death claim.
Collectable damages for wrongful death
Families have the right receive both economic and non-economic damages for the wrongful death of their loved one. These damages include:
- Medical expenses prior to a loved one’s passing
- Lost earning capacity or benefits
- Funeral costs
- Emotional trauma, anxiety, or stress
- Loss of companionship
If you’ve suffered the death of a loved one, an experienced attorney can help you with the stresses of the legal process. We’ve written an article specifically addressing how to choose a Texas attorney that meets your needs.
Terri Lafargue says
I am coming up on three years but I’ve lost my husband on October 19. 2015 .My husbands Cause of death was due to a combination of medication he was prescribed by a doctor Vicodin and Xanax .I really didn’t realize there was such a statue of limitation and am Inquiring if there’s still anything legally that could be done at this point.
Nancy Rapp says
Hello Terri. I’m sorry to hear about your husband. It’s hard to give a full answer based on what you wrote, but I think a claim is possible if your husband took his medication exactly the way it was prescribed. You can locate a personal injury attorney near you with our directory, and present him or her with all the information for a more concrete answer.
Fayrene Slaughter says
My husband died from exposure to asbestos at work.Is this considered wrongful death and is my settlement subject to taxes?
Lance Buchanan says
We’re sorry to hear about your husband, Fayrene. You may be eligible for workers’ comp death benefits if it can be proven that asbestos caused the loss of your husband. We suggest talking to a workers’ compensation attorney in your area. They’ll also be able to answer your question about the settlement being taxed. Feel free to use our free directory: https://www.enjuris.com/directory/
Terri Lafargue says
I’ve been informed that due to statue of limitation of two years that I cannot be helped .
Martha Salas says
Before I tell my horrific story of my elderly father’s passing – I have a question. His wrongful death was due to negligence and medical malpractice when all he needed was oxygen. According to Dr. at the emergency room at the DHR hospital a covid test was conducted and the results were according to staff and Dr. positive. I never saw proof. Are you able to help?
Ian Pisarcik says
I’m sorry this happened to your father. I would recommend reaching out to a Texas personal injury attorney near you. You can find one here. Most initial consultations are free.