Filing a Temple Wrongful Death Action

When someone dies because of another’s actions or failure to act, their surviving family members have the right to bring a wrongful death lawsuit. These claims offer the family financial accountability for their loved one’s death.

However, not every unexpected or accidental death provides grounds for a wrongful death lawsuit. When there are sufficient grounds, the family must comply with procedural requirements that could seem complicated.

A skilled lawyer can help a family interested in filing a Temple wrongful death action. A wrongful passing attorney can explain the legal process, make sure the family knows what to expect, and provide guidance and counsel from start to finish.

Grounds for a Wrongful Death Action

Texas Civil Practice and Remedies Code § 71.002 establishes the grounds for liability for a wrongful death. The law says a person is responsible when they contributed to a death through their careless or wrongful act or their failure to act to prevent a death.

Wrongful death actions could arise out of accidents and crimes. Some common situations that could lead to a wrongful passing claim include:

Even if the incident that killed a loved one is not listed above, a wrongful death lawsuit might be appropriate if another’s conduct contributed to the death.

Depending on the circumstances, several parties could be legally liable for a loved one’s death. For example, when someone dies in a truck accident, the truck driver, trucking company, truck manufacturer, and others could be liable. A Temple attorney can investigate the circumstances to identify all potentially responsible parties before filing a wrongful death claim.

Who Can File a Wrongful Death Lawsuit?

Only close family members can file a claim for wrongful death. Typically, a surviving spouse brings a lawsuit. When the deceased person is a child at the time of death, their parents could bring the suit. Surviving adult children may also file a wrongful passing claim.

Unfortunately, the law sometimes excludes people who deserve to benefit from a negligent death lawsuit. For example, siblings, cousins, grandparents, and other relatives cannot bring a wrongful death claim, even if they shared a home with the deceased. Fiancés and live-in partners cannot file a wrongful death claim unless they fulfill the legal requirements of a common-law spouse. Stepparents and stepchildren do not qualify to bring a wrongful death lawsuit.

When no eligible family member files a lawsuit within three months of the death, the Temple estate’s personal representative can file a wrongful death suit on behalf of the eligible family members.

Time Limits for Filing a Wrongful Death Action

Statutes of limitation govern how long a person has to file a lawsuit. In a Texas wrongful death case, the statute of limitations usually expires within two years.

However, when a government entity had responsibility for the incident, the time limits are much shorter. A family must notify the government entity of their claim within six months of the date of death. It is not always clear whether a government might be a defendant in a wrongful death case, so it is always best to consult an attorney in Temple before filing an action.

Call on an Attorney to Assist with Filing a Temple Wrongful Death Action

When grieving the unexpected loss of a loved one, focusing on practicalities can be challenging. Even so, it is worthwhile to discuss filing a Temple wrongful death action with an attorney after a loved one’s passing.

Money will not make the loss easier to bear, but relieving financial stress might allow you more energy to heal. Call today to discuss your case with a compassionate attorney.

Free Consultations. Schedule Today!