Losing a loved one due to someone else’s carelessness or misconduct is one of the most difficult experiences anyone can face. In these painful situations, pursuing a wrongful death claim may provide some measure of accountability and financial support. If you’re considering legal action, it’s helpful to understand how Texas law treats these types of cases. A Dallas, TX wrongful death lawyer can walk you through the process, but learning some basic facts can give you a better foundation. If you have questions about your personal situation, we are here to listen and help. Feel free to contact us any time of the day or night, any day of the year.
Who Can File A Wrongful Death Claim In Texas
Not every relative can file a wrongful death claim in Texas. According to state law, only the surviving spouse, children (including adult children), or parents of the deceased have the legal right to file. If none of these individuals file a claim within three months, the estate representative may take legal action unless instructed otherwise by the family.
Types Of Compensation Available
The purpose of a wrongful death claim is to provide financial relief for the losses suffered by surviving family members. Compensation may include loss of income, loss of companionship, emotional pain and suffering, and funeral expenses. In cases of gross negligence or intentional harm, punitive damages may also be available.
Statute Of Limitations For Filing
The statute of limitations in Texas, in other words, the amount of time you have from the date of a death to file a lawsuit, is two years. Waiting too long could mean losing the opportunity to pursue legal recourse. It’s important to act quickly so that evidence is preserved and your legal rights are protected.
Proving Wrongful Death
To succeed in a wrongful death claim, we must show that the death was caused by another party’s wrongful act, neglect, carelessness, or default. This may involve demonstrating that the responsible party owed a duty of care, breached that duty, and caused the death as a result. We often work with investigators and other professionals to gather the necessary facts.
Common Causes Of Wrongful Death Cases
Wrongful death cases can arise from many different situations. The most common include car and truck accidents, medical errors, workplace incidents, defective products, and criminal acts. Each type of case may require a unique legal strategy, but the goal remains the same—holding the responsible party accountable.
How Damages Are Distributed
When compensation is awarded, it’s typically divided among eligible family members based on their loss. This distribution may take into account the financial and emotional impact on each person. Courts aim to provide fair and meaningful compensation where possible.
Why Legal Help Matters
Without a legal background and experience doing this, wrongful death laws can be difficult to interpret and the claims can be especially hard to prove. At Brandy Austin Law Firm, we focus on helping people through tough times. Founding partner Brandy M. Austin has received many honors including but not limited to, the AVVO Top Attorney Award, Super Lawyers Rising Star, recognition from the American Institute of Legal Counsel, and selection to The National Trial Lawyers’ Top 100. We offer 24/7 live answering so you can reach us anytime you need guidance.
Let’s Help You Move Forward
At Brandy Austin Law Firm, we understand that no amount of money can replace the loss of a loved one. However, pursuing a claim can bring some peace of mind and financial support for the future. If you have questions or think you may have a case, don’t wait. A Dallas personal injury lawyer from our team is ready to review your situation and offer straightforward legal advice. Contact us today for a free consultation and let us help you take the next step.
