Leander Wrongful Death Lawyer
When accidents have fatal consequences, surviving family members are left to pick up the pieces of a loved one’s life while also grappling with their own heartache and grief. In these tragic situations, adding a civil lawsuit to your burden might understandably seem overwhelming. However, holding a negligent defendant responsible for your loss and its effects can be crucial to protecting your family’s interests now and well into the future.
Guidance from a compassionate personal injury attorney can make a huge difference in how efficiently and effectively you can pursue a uniquely sensitive claim like this. A Leander wrongful death lawyer can help you pursue a settlement or civil court verdict that covers all your compensable losses while minimizing additional stress put on you and your loved ones.
When Is Wrongful Death Litigation Possible?
Under Texas Civil Practice & Remedies Code §71.002, a person can hold civil liability for someone else’s wrongful death if they directly cause that person’s passing through their own “wrongful act, neglect, carelessness, unskillfulness, or default.” Additionally, in order for a wrongful death claim to be an option, the decedent must have been able to file a personal injury claim had they survived the accident in question.
As a Leander wrongful death attorney can explain, TX Civ. Prac. & Rem. Code §71.004 establishes that only the decedent’s surviving spouse, children, and/or parents, can recover compensation through a wrongful death case. Additionally, those parties are the only ones who can actually file the claim for the first three months following their family member’s death. After that three-month period passes, the decedent’s estate administrator or executor may pursue a claim on behalf of the estate and any eligible beneficiaries noted above, unless all surviving beneficiaries specifically request that no claim be pursued.
Types of Wrongful Death Claims
A wrongful death claim is not too different than any other personal injury claim. The claimant must show that the defendant had a legal responsibility to the victim, failed in that responsibility, and that failure caused the victim’s death. Where wrongful death claims differ is that the claimant was not injured by the defendant. They are the victim’s survivors, and their injury is the loss of the victim’s financial and emotional support.
Any type of accident can lead to a wrongful death claim. Some of the most common are:
- Motor vehicle accidents, including commercial truck accidents, motorcycle accidents, and drunk driving accidents
- Pedestrian accidents
- Workplace injuries, particularly construction site and heavy industry accidents
- Premises liability accidents, such as slip and fall injuries
Family members can file claims for lost financial support and mental anguish. In some cases, legal action can be filed on behalf of the deceased person. A survival action can be filed by the decedent’s estate to recover damages if the person suffered harm between the accident and their death. An attorney can advise you if a survival action is appropriate in your case.
Filing a Wrongful Death Lawsuit
Under Texas law, only certain people can file a wrongful death lawsuit. A wrongful death suit is meant to compensate the surviving family for their financial loss and the emotional pain of losing a family member.
Texas allows family members two years from the victim’s death to file a wrongful death lawsuit. Only parents, children, or grandparents may sue in the first three months after the victim’s death. After that, the victim’s personal representative may sue on behalf of the family if they choose.
Unlike some states, Texas does not have a single action rule. A few states, such as California, require all wrongful death litigants to join their cases in a single action. Texas encourages such lawsuits, but does not require them.
Compensation in a Wrongful Death Lawsuit
The primary purpose of wrongful death litigation is to compensate surviving family members for the financial and emotional turmoil they will experience after losing a loved one. Common examples of compensation in wrongful death cases include repayment for:
- Lost future financial support and/or inheritance
- Lost maintenance, care, and household services
- Lost love and companionship
- Lost guidance, advice, and emotional support
- Mental anguish
Texas allows punitive or “exemplary” damages in wrongful death lawsuits. These damages must be awarded by a court. There is a cap on such damages of $200,000 or twice the amount of economic damages, whichever is greater (up to a maximum of $750,000).
However, according to TX Civ. Prac. & Rem. Code §16.003, a wrongful death claim needs to be filed within two years after the decedent’s original date of passing. Working closely with a seasoned lawyer can be key to building a strong and comprehensive claim within this time limit following a wrongful passing in Leander.
Frequently Asked Questions
My sister was killed in a car accident. Can I sue for wrongful death?
No. Texas does not allow siblings to sue for wrongful death. You may be able to sue as a personal representative or in a survival action. Talk to an attorney about your options.
My grandmother died recently, and we think it was caregiver neglect. Can we sue?
Filing a wrongful death suit is possible even for elderly individuals. An attorney can explain the types of evidence needed to show that your grandmother died from neglect and not old age.
How is a wrongful death different from murder?
Murder is a type of wrongful death. A wrongful death lawsuit is a civil case that seeks monetary compensation for a death caused by negligent or reckless behavior that usually, but not always, does not rise to the level of a criminal act. Most defendants in a wrongful death case did not intend to kill their victim. A wrongful death claim is still possible for a murder.
A Leander Wrongful Death Attorney Can Help
There is hardly ever an easy way to move forward after an unexpected death in the family, and certainly not after a death that only happened because another person was reckless, careless, or acting unlawfully. While civil compensation cannot fully erase the pain of your loss, it can do a lot to stabilize your family’s finances and minimize the impact this tragedy has on you in the long term.
A Leander wrongful death lawyer can discuss your options in detail during a confidential consultation. Schedule yours by calling today.
