Like all states, Texas has laws in place that define a death as wrongful. A wrongful death in legal terms is one that results from “neglect, carelessness [or negligence], wrongful acts, unskillfulness, or default.” These terms can cover a wide range of accidents and you will have to prove the cause of your loved one’s demise fits these parameters.
Laws and legal and insurance language can be hard to decipher on your own. A Dallas wrongful death lawyer from our firm can clarify the law and the steps your family can take.
How the State of Texas Defines Wrongful Death
The person or entity responsible for your loved one’s passing can be held accountable if their actions—or failure to act—were negligent, per Texas Civil Practice and Remedies Code § 71.002. The elements of negligence your attorney will define to support your case include:
- Duty: The at-fault party owed your loved one a legal duty. For example, all drivers have a responsibility to operate their vehicles safely.
- Breach: The at-fault party failed to meet their obligation, usually by behaving negligently. The other party was driving while distracted.
- Causation: The at-fault party’s action caused the accident and injury. The driver did not see your loved one’s vehicle stopped at a red light and caused a car accident. The accident led to fatal injuries.
- Damages: Your family’s loss had financial consequences. You and your family have unexpected medical bills, lost financial support, and pain and suffering.
Proving negligence led to your loved one’s passing is crucial to your financial recovery. If you do not prove negligence as defined by law, you cannot hold the at-fault party liable for their actions or the financial consequences your family incurred.
What Evidence Is Needed to Prove Wrongful Death?
Negligence-based accidents that can lead to a loss of life include car, truck, and bus accidents, slip and fall accidents, and medical malpractice. The type of accident your loved one was involved in makes a difference in the type of evidence you need to prove negligence, but can include:
- Medical records
- Police report
- Incident report
- Death certificate
- Animal control report
- First responder reports
- Eyewitness statements
- Expert testimonials
- Photos and video footage
- Accident reconstruction
Requesting, obtaining, and organizing evidence can be a difficult task. Your personal injury lawyer will handle it on your behalf. They will also submit your collected evidence to the insurance adjuster and fight hard for a favorable financial settlement for you and your family.
Benefits of Hiring a Wrongful Death Attorney in Your Area
You do not have to take on the at-fault party, their legal or insurance representatives, or the legal nuances of your case alone. In addition to providing clarity on what constitutes wrongful death, your lawyer will take all of the following actions on your behalf:
- Identify the at-fault person or entity
- Prove the at-fault party’s negligence
- Conduct a comprehensive investigation
- Speak with relevant parties in your case
- Complete and submit required paperwork
- Provide all-around client service and support
- Address your case-related questions and concerns
It can be difficult to keep up with your lawsuit as it develops and progresses. Your legal team can provide you with ongoing updates on the progress of your case from its beginning to its final resolution.
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Wrongful Death Compensation for Surviving Families
Your family can pursue two types of compensation in the aftermath of your loss. A survival action allows you to recoup damages your loved one would have been entitled to in a personal injury claim.
You can also sue for wrongful death damages, including:
- Funeral and burial expenses
- Loss of the decedent’s income
- Loss of the decedent’s domestic service
- Loss of consortium, support, and companionship
- Pain and anguish
On your own, it can be difficult to understand all the damages you are entitled to recover. If you are represented by a lawyer, they can assess your case and avoid having valid forms of compensation overlooked or omitted.
Texas’ Statute of Limitations on Wrongful Death Lawsuits
In general, the wrongful death statute of limitations is two years from the date of the accident that caused your loved one’s passing, according to Texas Civil Practice and Remedies Code § 16.003.
While your legal team will fight hard to negotiate the best possible settlement for your family, filing your lawsuit on time is critical. If the deadline expires, you could be prohibited from filing your lawsuit at all.
The at-fault party’s representatives will also request its immediate dismissal. Their request is likely to be granted, leaving you with no further legal recourse. The best way to avoid these costly consequences is to let a wrongful death lawyer handle the filing of your lawsuit on your behalf.
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Who Can File a Wrongful Death Action in the State of Texas?
The deceased person’s immediate family—their surviving parents, spouse, or children—can file a wrongful death lawsuit against the at-fault party. If it is not filed within three months, a representative must file on your behalf.
Making your loved one’s final arrangements, coping with your loss, and reorganizing the running of your household can be stressful and time-consuming. While you focus on your family, your lawyer can focus on your case.
Family Members Who Can Receive Wrongful Death Compensation
Similar to who can file a lawsuit, the state defines who can benefit from a resulting financial award. In most cases, this includes the deceased person’s parents, spouse, and children.
The best way to understand your right to compensation is to consult a wrongful death attorney in your area who can review the intricacies of your relationship.
Call Today for Your Free Wrongful Death Consultation
If your family lost a loved one in a recent accident, it can be hard to know whether the circumstances of your loved one’s passing constitute a wrongful death in legal terms. At Loncar Lyon Jenkins, our consultation team will review your case and clarify your rights. Get started today and find out how hard we fight for fair and appropriate financial compensation for your family.