Who can file for wrongful death in Texas?

On Behalf of | Aug 19, 2020 | Personal Injury

Dealing with the death of a loved one is always difficult, no matter what the circumstances are. However, if the reason behind your loved one’s death was the negligence of a third party, the process becomes much more fraught.

The above is the basis for a wrongful death lawsuit. However, there are some laws pursuant to Texas that govern who may or may not file a wrongful death suit. According to FindLaw, you must file a wrongful death claim within two years of the person in question’s death, and only certain individuals with specific relationships to the deceased may file the claim.

Who may file a wrongful death suit?

In order to file a wrongful death suit in the state of Texas, you must be either a spouse, child, parent or legal representative of the deceased. Nobody else may to file a wrongful death suit.

What damages can I sue for?

There are two main types of damages associated with a wrongful death suit: monetary damages and punitive damages. It is more common to sue for monetary damages. There are a variety of Damages under Texas law that you could sue for: for example, loss of financial support, medical bills, mental anguish, burial cost, the pain and suffering of the deceased and loss of companionship. Particularly if the death of your loved one was completely unexpected, you may be eligible for substantial compensation.

In the event that the third party responsible for the death exhibited extreme negligence (often called “gross negligence”) or if the death was the result of a willful omission or act, punitive damages are also possible.

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