A Texas wrongful death claim may be made if a person dies due to the legal fault of another person or entity. In Texas, you may possibly recover damages for a wrongful death claim if you are the spouse, child (natural or adopted), or parent of the deceased person. You can file a separate or group claim if you fit into any of these categories.
If a claim is not filed within three months of the death by a spouse, child or parent, the executor of the decedent may file the claim unless a surviving family member specifically requests that a claim not be filed. The statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death, unless certain legally defined exceptions apply.
Damages that are eligible for recovery for a wrongful death claim under Texas law may include:
- Lost earning capacity
- Lost support, care, services, maintenance and counsel the decedent may have provided to surviving family members
- Lost love, companionship and society
- Mental anguish, pain and suffering
- Lost inheritance
Texas law also provides for the awarding of exemplary damages in some cases if the wrongful death was caused by gross negligence or a willful act or omission.
The damages awarded in a wrongful death lawsuit are divided among the affected family members in proportion to the injury they suffered as a result of the wrongful death, which is typically decided by the court.
If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.