The closest direct family members of the deceased party, including their surviving spouse, children, or parents, can file a wrongful death lawsuit. In Texas, grandparents or siblings of the decedent are not eligible to file.
If the eligible individuals do not initiate legal action within three months of their loved one’s passing, then the executor or administrator of the decedent’s estate is able to file the case, according to Texas Civil Practice and Remedies Code §71.004.
Challenges Your Wrongful Death Case Could Encounter
You must prove that your relationship with the decedent qualifies you to recover damages.
However, two complexities that can arise in a wrongful death case include:
- Marital status. If the surviving spouse and the deceased person had filed for divorce or met the state’s requirements for common law marriage, this can affect their ability to file a case.
- The parents of an unborn child who dies in a preventable accident may have the ability to file a wrongful death lawsuit under certain circumstances.
Our firm can help you determine whether you qualify to file a wrongful death case on behalf of your loved one. We can handle cases that have significant complexities.
For a free legal consultation, call 800-777-7777
Your Case will Be Subject to Certain Deadlines
According to Texas Civil Practice and Remedies Code §16.003, qualifying family members have two years from the date of their loved one’s passing to file their lawsuit.
However, the following exceptions could grant these parties more time to file:
- The at-fault party hid their identity to avoid being sued.
- The party that was eligible to file was under the age of 18 at the time of their loved one’s passing.
- The eligible filing party was of “unsound mind” at the time of their loved one’s passing.
Understandably, this can be confusing. Our team is ready to help you work through these complexities and determine your eligibility to file a lawsuit.
What Damages Could Surviving Family Members Receive?
If you qualify to recover damages through a wrongful death lawsuit, you could be entitled to:
Loss of Consortium
The decedent’s spouse can recover compensation that reimburses them for their loss of society and companionship. It is not easy to calculate this expense.
Yet, you can count on our legal team to help you determine a fair amount to request from the insurance company. We will review your relationship with the decedent to determine how much you are owed.
Your Loved One’s Final Medical Bills
After the accident, your loved one may have received emergency medical care. Compensation for any necessary healthcare expenses could account for:
- Emergency intervention
- Life support
- Stabilization techniques
- Surgical procedures
These medical bills could be part of the settlement amount that you receive.
If your loved one was in the process of saving money to pass along to beneficiaries after their death, we can account for this loss in your lawsuit.
As part of your settlement, we can calculate the inheritance that you would have gotten had your loved one survived their injuries. We can consult stockbrokers, economists, and other experts to calculate this total.
You can receive compensation for the emotional trauma and grief your family is experiencing as a result of losing a loved one.
Future Lost Earning Capacity
If your late loved one’s income was supporting your family, their lost earnings could be affecting your financial stability. We can calculate how much they would have earned had they survived their accident and include this total in your lawsuit.
After your loved one passes away, you deserve compensation to cover the cost of honoring their memory. With our team’s help, you can recover:
- The cost of the casket
- Cremation costs
- Floral arrangements, catering, and decorations
- The burial plot
- The cost of renting the venue
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Let Us Help You Receive the Settlement Your Family Deserves
If you still have questions about who can file a wrongful death lawsuit in Texas, call Loncar Lyon Jenkins. We can provide you with a free case review where we can discuss:
- Your relationship with your late loved one
- What you want to recover via a claim or lawsuit
- The circumstances of your loved one’s passing
- What you are looking for in a wrongful death lawyer
- How long ago your loved one passed away
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Contact Our Attorneys for Help Today
For help with your legal matters, call in the Strong Arm of Loncar Lyon Jenkins. Our team is ready to work toward the settlement or court award you deserve. To speak with our team, call today.
In addition to the free case review, we work for a contingent fee, so we don’t charge you anything unless and until you win compensation.