How Texas Defines Wrongful Death

The loss of a loved one is a tragic event no matter the circumstances, but when the death came about because of negligence or a wrongful act you may be even more distraught.

There is sure to be anger over the fact that your family member was taken from you prematurely. If you think that your loved one’s death occurred because of another person’s carelessness or “fault,” you may want to learn more about filing a wrongful death case.

For more information on how to get compensation for wrongful death claims, you can always contact a lawyer. Down below we will discuss some of the basic wrongful death laws as defined by Texas.

What is a Wrongful Death?

Texas statute defines wrongful death as the death of a person that occurred because of the negligence, wrongful act, carelessness, unskillfulness, or default of another party. Basically, if your loved one would not have died had it not been for the actions of another, then you may be able to file a wrongful death case.

Why Would You Want to File a Wrongful Death Case?

Many people file wrongful death cases because they don’t want any other people to be injured by the same party, or in the same manner, as their loved one was injured by. Another reason you may want to file a wrongful death claim is to get justice for your lost family member, and to bring some closure to your family.

Last, you and your family may need to file a wrongful death case to receive compensation for financial losses the death has brought about in your lives. You can be compensated for: medical care, lost income, loss of consortium, funeral and burial costs, and grief/mental trauma.

Gavel in court room

How Long Do You Have to File a Claim for Wrongful Death in Texas?

The state of Texas has a statutory time frame on filing wrongful death cases. You have up to two years to file your case. Should you fail to file your case within that timeframe, you will most likely lose all chance to file a claim and recover justice and compensation.

Who Can File a Claim for Wrongful Death?

Those who are eligible to file a wrongful death case are the family members of the deceased. The spouse, children, stepchildren, adopted children, grandchildren, and sometimes parents may file a case. However, in Texas siblings are not allowed to file a claim for wrongful death.

Wrongful death cases are difficult to file, not only for emotional reasons, but also because the laws are complicated and proving your case requires evidence. You will probably want to seek legal representation in order to receive the best outcome possible for your wrongful death case.