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.