When you lose a loved one in a preventable accident, you might be wondering if you have legal recourse against those responsible. In Texas, certain family members or designated representatives can file a wrongful death lawsuit on behalf of the person who passed.
If you are considering filing a Seguin wrongful death action after the death of a family member, be sure to consult a local attorney about your legal rights and options. Our experienced wrongful death lawyers can represent you and help file a legal claim. While no amount of money can truly compensate you for such a tragedy, you could recover the cost of your loved one’s medical bills up until death, lost income or earning potential, grief, funeral and burial expenses, and other related losses.
Texas law provides that only certain family members can file for a wrongful death action after their loved one’s death. Spouses, children, and parents can file a wrongful death lawsuit. Likewise, the deceased person’s estate could also seek compensation on their behalf.
In addition to wrongful death actions being limited to certain family members or designated representatives, there are strict procedural constraints to adhere to. In Texas, the statute of limitations on wrongful death actions is two years, meaning that eligible family members only have two years from the date of the death to file a wrongful death claim, or they could lose their right to financial recovery. There are limited circumstances where the court may overlook missing the requisite limitations. For example, if someone could not file due to their age, disability, or the negligence was not apparent. Otherwise, the deceased’s family members will be without recovery. As such, it is important to consult a Seguin lawyer as soon as possible to understand the legal and procedural requirements for filing a wrongful death action.
When another person’s negligence costs someone their life, their loved ones or estate representatives are entitled to compensation. Whether the death occurred due to a car accident, pedestrian or bicycle accident, medical malpractice, work accident, or defective product, if the person can prove negligence, they can recover certain damages. In Texas, designated family members or the decedent’s estate can recover the following compensation when filing a wrongful death action:
In addition, a wrongful death claim can compensate for non-economic losses that follow from the unexpected death of a close relative, such as grief, mental anguish, emotional distress, and pain and suffering. Be sure to speak with a wrongful death attorney about filing a claim in Seguin.
After a tragic loss, legal action is understandably the last thing on your mind. Filing a Seguin wrongful death action against the person responsible for your loved one’s death—whether a person or an entity—can minimize the financial burden so that you can move forward. As seasoned legal professionals, we have represented countless clients across Texas in wrongful death claims. We understand how devastating the unexpected loss of a family member can be and want to help you through this difficult time.
Although there are strict filing deadlines for wrongful death actions, as discussed, some circumstances will excuse a late filing. Be sure to consult an experienced lawyer to ensure your claim complies with the legal and procedural requirements.