Navigating the loss of a loved one is a profoundly difficult experience, especially when the death is caused by someone else's negligence or wrongful act. Understanding who can bring a wrongful death claim in Texas is crucial for those seeking justice and compensation for their loss.
1. Legal Framework for Wrongful Death Claims in Texas
Under Texas law, a wrongful death claim can be filed when the wrongful act, neglect, carelessness, unskillfulness, or default of another party causes an individual’s death. The Texas Civil Practice and Remedies Code governs these claims, providing a legal pathway for surviving family members to seek compensation.
2. Who Is Eligible to File a Wrongful Death Claim?
In Texas, not everyone close to the deceased can file a wrongful death claim. The law specifies that only certain family members are eligible:
- Spouses: The surviving spouse of the deceased has the right to file a wrongful death claim. This includes common-law spouses recognized by Texas law.
- Children: The deceased's biological and legally adopted children can bring forth a claim. This right extends to adult children as well.
- Parents: The biological or adoptive parents of the deceased are also eligible to file a wrongful death claim.
It’s important to note that siblings and other relatives who do not fall within these categories do not have standing to file a wrongful death claim in Texas.
3. Types of Damages in a Wrongful Death Claim
Those who are eligible to bring a wrongful death claim can seek various types of damages, including:
- Economic Damages include compensation for lost earning capacity, medical expenses incurred before death, and funeral and burial expenses.
- Non-Economic Damages: These damages cover more intangible losses, such as mental anguish, loss of companionship, and loss of consortium.
- Punitive Damages: In cases where the defendant's actions were particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
4. Filing a Wrongful Death Claim in Texas
The process of filing a wrongful death claim involves several critical steps:
- Initiating the Claim: Eligible family members must file the claim within two years from the date of the deceased’s death. This statute of limitations is crucial to ensure the claim is heard.
- Gathering Evidence: Compiling medical records, witness statements, and expert testimonies is essential to substantiate the claim.
- Legal Representation: Engaging with a qualified wrongful death attorney can help navigate the complexities of the legal process, from filing the claim to negotiating settlements or proceeding to trial.
Austin Wrongful Death Attorneys
If you have lost a loved one due to the negligence or wrongful actions of another person, seeking justice and fair compensation may be the last thing on your mind. However, it is important to understand your rights and options during such a difficult time. At Briggle & Polan, PLLC, our team has a proven track record of successfully representing clients in wrongful death cases. Contact us today at (512) 400-3278 to get started.
