If your loved died in a preventable accident in Dallas, Fort Worth or elsewhere in Texas, you may be able to seek justice through a wrongful death claim. Whether you can bring the lawsuit will depend on your relationship to the victim, or decedent.
Here, we discuss how Texas law defines wrongful death, eligibility for filing a wrongful death claim, potential compensation, and the role a wrongful death attorney can play in helping you during a difficult time.
How Is Wrongful Death Defined in Texas?
Under Texas law, wrongful death is defined as a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. A wrongful death claim is intended to compensate the decedent’s surviving family members.
In Texas, you must prove the following four elements in a wrongful death claim:
- The defendant had a legal duty to avoid harming the decedent.
- The defendant breached that duty.
- The breach of duty caused the decedent’s injury or death.
- The surviving family members have suffered losses due to their loved one’s passing.
The surviving spouse, children, and parents of the decedent are the only individuals who can file a wrongful death claim. If none of them files a claim within three months of the death, the personal representative or executor of the decedent’s estate can file a wrongful death claim.
How Common are Preventable Deaths?
Thousands of people suffer preventable deaths due to unintentional injuries each year. Unfortunately, many of these injuries result from the negligent, reckless, or even intentional acts of others. In one recent year, more than 200,000 people died from unintentional injuries in the U.S., the Centers for Disease Control and Prevention (CDC) reports.
Unintentional injuries are actually the fourth-leading cause of death in the nation. According to the CDC, the top cause of unintentional death is unintentional poisoning. More than 87,000 people in the U.S. died from such poisoning in one year alone. The second and third most-common causes are unintentional falls and motor vehicle accidents. They account for about 42,000 and 40,000 deaths, respectively, the CDC reports.
According to the National Safety Council (NSC), poisonings, falls, and motor vehicle accidents account for more than 86 percent of all preventable deaths in the U.S. These injuries also account for the majority of non-fatal preventable injuries, according to the NSC.
What Compensation Can You Secure Through Texas Wrongful Death Claim?
If your loved one has passed away due to the negligent or intentional actions of another person or entity, you may be able to bring a wrongful death claim to court. Wrongful death claims allow families to pursue compensation for the losses they experience from losing a loved one. Compensation can cover:
- Mental anguish
- Loss of financial support such as the income the decedent would have earned had they survived
- Loss of companionship
- Loss of inheritance
- Loss of household support and services
- Medical costs incurred from the injury resulting in death
- Loss of guidance, care, counsel, and support
- Reasonable funeral and burial costs.
How Is a Wrongful Death Claim Different from a Survival Action?
In Texas, wrongful death claims and survival actions are two separate legal actions related to a person’s death.
Typically, the decedent’s surviving family files the wrongful death claim to pursue compensation for the financial and emotional losses the family has suffered due to their loved one’s passing. If successful, family members could be compensated for funeral and burial costs, loss of companionship, and other losses. The compensation is awarded directly to the family.
On the other hand, a survival action is brought by the decedent’s estate on behalf of the beneficiaries to seek compensation the decedent would have been owed had they survived. This compensation, which covers financial and emotional losses, goes to the decedent’s estate.
In both cases, it is critical to consult an experienced Texas wrongful death lawyer to ensure that you comply with the applicable laws and pursue the total compensation you deserve.
What Are the Time Limits for Filing a Wrongful Death Lawsuit in Texas?
In Texas, the statute of limitations gives you just two years from the date of death to file a wrongful death lawsuit against the responsible parties. If you file after the two-year statutory deadline, your case will likely be dismissed, and you will lose your chance to seek compensation for your losses in civil court. Speaking to a wrongful death lawyer immediately is crucial to ensure you do not miss any critical deadlines. An attorney can keep track of and file the necessary paperwork on your behalf, allowing you to focus on taking care of your family.
Our Texas Wrongful Death Lawyers Can Help You
Losing a loved one due to another person’s negligent or wrongful actions can leave you feeling helpless and frustrated. But you don’t have to go through this challenging time alone. An experienced Texas wrongful death lawyer can help you seek the justice and compensation you deserve.
At The Wilhite Law Firm, we have decades of experience in representing those who have lost loved ones in preventable accidents in Texas. We understand the pain and suffering that a wrongful death can bring into the lives of surviving spouses, children, and parents. We are committed to working tirelessly to help surviving family members to pursue the maximum amount of compensation for the harm they have suffered. While no amount of money can ever make up for the loss of your loved one, financial relief can help you take care of your family and move forward with your life.
Our knowledgeable attorneys at The Wilhite Law Firm are dedicated to providing personal attention and compassionate legal advice through every stage of your case. Seeking justice and protecting your family’s future will be our top priorities.
Because of the statute of limitations, it is crucial to seek legal help as soon as you are ready to act. Contact us today. We can provide a free and confidential consultation through our Dallas and Fort Worth offices.
