An Overview of Wrongful Death Claims in Texas

If you live in Texas and are considering filing a wrongful death claim, the below article will provide an overview of the key aspects of these claims. If you have questions about wrongful death claims, call the wrongful death attorneys at Wham & Rogers for a free consultation at (832) 592-1108.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action that seeks compensation for the death of a person caused by the negligence, recklessness, or intentional act of someone else. The claim is filed on behalf of the deceased person's surviving family members, such as their spouse, children, or parents. The compensation sought in a wrongful death claim can include damages for medical bills, funeral expenses, lost income and earning capacity, and pain and suffering.

Examples of Wrongful Death Claims

Some examples of the types of accidents and injuries that commonly lead to wrongful death claims include:

• Medical Malpractice: If a healthcare provider's negligence or error causes a patient's death, the patient's family may be able to file a wrongful death claim. Examples include surgical errors, misdiagnosis, and medication errors.
• Car Accidents: If a person is killed in a car accident caused by another driver's negligence, their family may be able to file a wrongful death claim against the at-fault driver.
• Workplace Accidents: If an employee is killed on the job due to unsafe working conditions, their family may be able to file a wrongful death claim against the employer or other responsible parties.
• Product Liability: If a defective product causes a person's death, their family may be able to file a wrongful death claim against the manufacturer, distributor, or retailer of the product.
• Criminal Acts: If a person is killed as a result of a criminal act, such as assault or homicide, their family may be able to file a wrongful death claim against the perpetrator or other responsible parties.
• Nursing Home Neglect: If a resident of a nursing home dies as a result of neglect or abuse, their family may be able to file a wrongful death claim against the nursing home or its staff.

This list is not exhaustive, as there are many different situations that can result in a wrongful death. If someone you love has died and you believe their death is the result of negligence, contact a Spring, TX wrongful death attorney to find out more about your rights and options.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, only certain family members are eligible to file a wrongful death claim. The law recognizes three categories of claimants:

1. The surviving spouse, children, and parents of the deceased person
2. The executor or administrator of the deceased person's estate, if none of the above are available
3. A surviving spouse, children, or parents who have not already filed a claim within three months of the death

It's important to note that siblings, grandparents, and other family members are not eligible to file a wrongful death claim in Texas.

What Are the Key Elements of a Wrongful Death Claim?

To file a successful wrongful death claim in Texas, the claimant must prove the following four elements:

1. The defendant owed a duty of care to the deceased person
2. The defendant breached that duty of care by acting negligently, recklessly, or intentionally
3. The defendant's actions caused the death of the deceased person
4. The claimant has suffered damages as a result of the death

Proving these elements can be challenging, and it is important to work with an experienced wrongful death attorney who can help gather the evidence needed to support your claim.

What Damages Can Be Recovered in a Wrongful Death Claim?

Under Texas law, there are two types of damages that can be recovered in a wrongful death claim: economic damages and non-economic damages.

• Economic Damages: Economic damages are the tangible financial losses suffered by the claimant as a result of the death, such as medical bills, funeral expenses, lost income and earning capacity, and the value of household services the deceased person provided.
• Non-Economic Damages: Non-economic damages, on the other hand, are the intangible losses suffered by the claimant, such as mental anguish, emotional pain and suffering, loss of companionship, and loss of consortium.

In addition to these damages, Texas law allows for the recovery of exemplary damages, also known as punitive damages. Punitive damages may apply in cases where the defendant acted with gross negligence or malice. Punitive damages are intended to punish the defendant for their wrongful conduct and deter others from engaging in similar behavior.

What Is the Statute of Limitations for Wrongful Death Claims in Texas?

The statute of limitations for filing a wrongful death claim in Texas is two years from the date of the death. If the claim is not filed within this timeframe, it will likely be barred by the court. However, there are some exceptions to this rule, such as in cases where the defendant concealed evidence or the claimant was a minor at the time of the death.

How Can a Wrongful Death Attorney Help?

Navigating a wrongful death claim can be complex and emotionally draining, especially for family members who are still grieving the loss of their loved one. An experienced wrongful death attorney can help ease the burden by handling the legal aspects of the claim, including gathering evidence, negotiating with insurance companies, and representing you in court.

At Wham & Rogers, we believe in supporting families who have been harmed due to the negligence or wrongdoing of others. Our Spring, TX wrongful death attorneys have an exceptional track record for obtaining maximum compensation in personal injury and wrongful death claims. If you have questions about a potential wrongful death claim, we want to help.

Contact Wham & Rogers to start your free consultation. You can call (832) 592-1108 or text (832) 413-1428 to get started.