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 you need assistance with your wrongful death claim, contact our wrongful death attorneys today.
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.
Justin is an attorney at Roberts & Roberts and focuses his practice on mass tort litigation, where he specializes in helping individuals who are harmed by recalled or unsafe pharmaceutical drugs and medical devices. He has earned recognition as a “Top 40 Under 40” Trial Lawyer by the National Trial Lawyers. Prior to joining Roberts & Roberts, Justin served as an attorney in all three branches of Texas’s state government, including as a Briefing Attorney on the Texas Supreme Court. He also represented electric and natural gas utilities in complex regulatory proceedings before the Public Utility Commission of Texas and the Railroad Commission of Texas. Justin is a published author in the St. Mary’s Law Journal.