Losing a loved one is always hard. Losing a loved one due to another person’s mistakes is even worse.
That sort of situation happens all the time, however. All it takes is a drunk driver, a defective product or a distracted doctor, and a loved one may be lost – and the lives of their surviving family members forever changed. That’s when a wrongful death claim may be appropriate.
1. What is a wrongful death claim?
A wrongful death is any death that is the result of a negligent, careless, reckless or deliberate act on the part of another. A wrongful death claim is brought by the victim’s survivors for the value of the lost income to their household, the lost services of the deceased, funeral bills and their own emotional pain and suffering.
2. Who can file a wrongful death claim in Texas?
A wrongful death claim may be filed by the decedent’s legal spouse, children (adult or minor) and parents. If the family fails to file a wrongful death claim within a certain period, then the representative of the deceased’s estate may file the claim on behalf of the estate.
3. Is a wrongful death claim different than a survival action?
In Texas, you may be able to pursue an additional claim related to a wrongful death known as a “survival” action. This is the personal injury claim the deceased would have been entitled to pursue if they had somehow survived. This claim can include their medical expenses and their pain and suffering.
No amount of compensation will return a lost loved on to you, but a lawsuit can help hold the responsible parties accountable for their actions and make certain that your family has the funds it needs to recover.
