Losing a loved one is one of the most devastating things a family can go through. Grief and emotional trauma are often compounded when the death was caused by another’s negligence or an intentionally harmful act. In these heartbreaking situations, families may be able to pursue a wrongful death suit against the responsible parties. While no amount of money can truly make up for such a profound loss, a successful wrongful death lawsuit can provide families with a sense of justice and the financial compensation needed to cover end-of-life expenses, lost income, and other damages.
What is a Wrongful Death Claim?
Under Texas law, a wrongful death claim is a civil lawsuit that alleges a person’s death was caused by another person’s intentional, reckless, or negligent actions. These types of claims are available to hold the responsible party legally and financially responsible for their conduct that resulted in death.
What Do I Need to Know to Bring a Wrongful Death Claim?
Before filing a wrongful death claim, prepare by familiarizing yourself with the process and requirements. It’s important to know who can bring this type of claim, what kind of damages to ask for, what you’ll need to prove liability, and when to bring the claim.
Who Can Bring a Wrongful Death Claim?
Three parties can bring a wrongful death claim:
- The surviving spouse (this includes same-sex and opposite-sex marriages)
- Children of the deceased (both biological and adoptive children qualify)
- Parents of the deceased
The only other person who can file this type of claim in Texas is the personal representative of the deceased unless the surviving spouse, children, or parents specifically request otherwise.
When You Should File the Claim
A wrongful death claim in Texas must be brought within two years. This means from the date of death, qualified parties have two years to the day to file a wrongful death claim, or the statute of limitations will run, and no cause of action will be available.
What You’ll Need to Prove Liability
This kind of claim requires proof that the actions of another party caused the death. To prove this, you’ll need evidence. Types of evidence that would be helpful include:
- Medical records
- Expert testimony
- Police reports
- Eyewitness accounts
Include any other evidence that you think may help prove the liability of the person charged with the wrongful death of your loved one. It’s better to have too much evidence than not enough, especially when trying to recover from the loss of a loved one.
How The Payne Law Group Can Help
Here at The Payne Law Group, our wrongful death attorneys are committed to providing personalized attention to you and your case. You don’t have to go through this difficult time alone. We will work tirelessly to make certain that the responsible party is held accountable for their actions and that you and your family are compensated fairly. We understand that no amount of money can replace your loved one, but any compensation that’s received can help you with any end-of-life expenses or loss of income. Contact us today to speak with our attorneys about pursuing a wrongful death claim and learn how we can help you.