When someone takes a life, even accidentally, there are consequences. The surviving loved ones suffer, and it can leave an entire family in financial ruin. If your family is dealing with a tragic loss, you deserve to be compensated. Don’t suffer alone. Our experienced Dallas, Texas wrongful death attorneys can help you hold negligent and careless wrongdoers responsible.
In Texas, a wrongful death is where an act of negligence on the part of a person or company leads to the death of another. It is possible to file a claim for these acts. But filing a wrongful death claim can be more complicated than it sounds. Here’s what you need to know:
Who Can Bring A Claim?
In general, surviving spouses, children and parents of the deceased can bring a claim and recover compensation. Adopted children may also file a claim for an adoptive parent. A wrongful death action belongs to the survivors. It is there to compensate the surviving family members for their loss. There is a separate type of action that can be used to compensate the descendant’s estate. This is known as a survival action.
What Kind Of Compensation Is Available?
Like most personal injury cases, you can claim a number of damages for the negligence that caused the death. Wrongful death compensation can include:
Loss of earning capacity
Loss of support and care
Loss of love and affection
Loss of household services
Loss of inheritance
Exemplary damages may also be sought in certain cases. Also known as “punitive” damages, these are permitted in cases where the conduct is so outrageous that it constitutes gross negligence and the plaintiff seeks to punish and deter the defendant from ever doing it again. It’s also used as a form of penalty, especially where big corporations cut corners and hurt innocent people.
How Long Do You Have To File A Claim?
With few exceptions, Texas law requires that a lawsuit must be filed within two years of your loved one’s death. If you wait longer than two years to sue the person or company responsible, your case will almost certainly be dismissed.
Get Help Today
An experienced wrongful death lawyer can be a great asset in helping you to understand Texas wrongful death laws and build a case. A lawyer can carefully review the facts of your case and help you understand your options early. Most cases can take a long time to investigate and prepare for court, so the earlier you seek help, the better off you can be. Even if you aren’t sure about whether you want to take action, it can still be helpful to speak with a professional about the situation.