Texas Wrongful Death Attorneys
Wrongful death can lead to serious repercussions for immediate family survivors. Whether from a car accident or some other scenario in which negligence or deliberate wrongdoing has been the cause, a wrongful death brings emotional shock and pain to those left behind.
It may also bring financial jeopardy if family members depended on the deceased for valuable income, benefits, or other economic support. Because of these repercussions, Texas has enacted a wrongful death law that allows surviving family members to pursue rightful compensation for their damages and losses from the responsible party through a claim or lawsuit, and our Houston and Pasadena, TX, wrongful death attorneys are here to help.
About Wrongful Death Claims in the Houston Metro Area
A wrongful death claim or lawsuit is similar to a personal injury claim except that the person making a claim has died and the claim must now be put forward by surviving family members. Wrongful death claims are filed on behalf of the decedent and their estate, pursuing both economic and non-economic damages. These claims and lawsuits may be filed against another individual, such as a drunk driver, or against a business or corporation.
The surviving spouse of the decedent may file such a claim within the first year following the death. The surviving spouse, as well as the surviving children, may file such a claim during the second year after the death. In cases where no surviving spouse or children exist, a claim may be pursued by the decedent's parents. The representative of the decedent's estate may also file a claim to pursue certain damages for the estate.
Texas law allows an adopted child to file a claim on behalf of their adoptive parents as long as the child is an adult and fully and legally adopted by the parents. An adopted child, however, cannot file a claim on behalf of a biological parent. Likewise, adoptive parents may file a claim for an adopted child.
What Damages Are Available in a Wrongful Death Claim?
There are three main types of damages available in all personal injury cases: economic, non-economic, and punitive.
- Economic damages compensate for quantifiable losses such as medical bills and funeral expenses.
- Non-economic damages
- Punitive damages are intended to punish the negligent party rather than compensate for specific losses.
What Compensation Can I Recover With a Wrongful Death Claim?
In order to file a wrongful death claim, you must be directly related to the individual who passed away.
Although no amount of money will ever truly compensate for your loss, it is often beneficial to recover damages, particularly for medical bills or supplementary income, and our Houston personal injury lawyer can help you do just that.
Individuals Are Often Compensated for the Following Losses
- Loss of love and companionship
- Emotional pain and suffering
- Lost earning capacity
- Mental distress
- Lost inheritance
Who Can File a Wrongful Death Claim in Houston?
When you've lost a loved one due to the negligence of another, it can bring frustration and overwhelming emotion. While there isn't much good news to be had, an experienced Houston personal injury lawyer can help in securing justice on behalf of your loved one.
The following individual may file a claim of wrongful death:
- Spouses or partners
- Children (whether dependent or not)
- Adopted children
- Adoptive parents
How Long Do I Have to File a Claim?
The statute of limitations for wrongful death claims in Texas is two years. This means a claim must be filed within two years from the date of death, or you may lose your right to pursue compensation. It is an important note that the date of death may not be the same as the date of injury.
Get the Support You Need During This Difficult Time With Help From Our Pasadena Wrongful Death Attorneys
In the wake of wrongful death, you may feel overwhelmed by your situation. You will need to understand your rights and options in order to take appropriate legal action. Our Pasadena wrongful death lawyers provide diligent and dedicated service to the families and estates of those who have died under such painful circumstances.