Wrongful Death

Wrongful Death

If a loved one has been killed due to someone else’s negligent or intentional act, you may qualify to file a wrongful death lawsuit. A Texas wrongful death lawsuit can’t bring your loved one back, but it could result in a wrongful death settlement that helps you out financially as you learn to navigate life without your loved one’s love, support, and companionship.

What Can I Claim from a Wrongful Death Settlement?

Wrongful death lawsuits are different from criminal lawsuits. They are civil lawsuits and allow plaintiffs to seek compensation for losses such as:

• Lost earning capacity
• Pain and suffering
• Mental and emotional anguish
• Lost companionship, love and comfort
• Lost care, services and guidance the loved one would have provided to surviving family members

By filing a Texas wrongful death claim, surviving family members can seek compensation for these losses either by securing a wrongful death settlement or through trial.

Depending on the facts of the wrongful death lawsuit, the plaintiff may also be able to seek punitive damages. Unlike compensatory damages, which compensate the plaintiff for financial and emotional losses they suffered, punitive damages are intended to punish a wrongdoer who engaged in a willful act or omission that caused the death. Punitive damages may be awarded by a judge or jury following a trial.

A wrongful death lawsuit may be filed in addition to a criminal lawsuit. Unlike a criminal lawsuit, which is filed by a prosecutor, wrongful death cases in Texas are filed by surviving family members seeking financial compensation for their losses. If your loved one was killed due to a negligent or intentional act, Texas wrongful death lawyers can help you determine if a wrongful death lawsuit is appropriate for your specific circumstances.

Texas Wrongful Death Laws

The Texas wrongful death statute states: “A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”

Texas wrongful death cases may be filed by the decedent’s surviving spouse, children and/or parents. The executor of the decedent’s estate may file a wrongful death lawsuit if the surviving family members do not do so within three months of the date of death, unless the family asks the representative not to file a wrongful death claim.

Surviving siblings are not able to file a Texas wrongful death lawsuit.

If damages are awarded for a wrongful death claim in Texas, the compensation will typically be distributed to all eligible family members who were affected by the death. The wrongful death attorney who represents the family will make the case to the judge about how the losses affected each family member so that financial award can be distributed appropriately.

Under the Texas wrongful death statute, a wrongful death lawsuit must be filed within two years of the date of death, although some limited exceptions do apply. It is a good idea to consult with a Texas wrongful death lawyer as soon as reasonably possible to discuss your legal rights and make sure you don’t miss your chance to take legal action.

How Do I Prove a Wrongful Death Claim?

To hold someone liable in a wrongful death lawsuit, the plaintiff must be able to show that the defendant was negligent. To prove negligence, the plaintiff must show that the defendant had a duty of care to prevent harm, that the defendant breached the duty, and that this breach of duty caused actual harm.

One thing that is important to note about Texas wrongful death laws is that the injured party cannot recover damages if he or she is determined to have been more than 50 percent responsible for the injuries incurred.

Contact a Texas Wrongful Death Attorney Today

If you recently lost a loved one due to someone’s negligent or intentional act, you’re likely feeling profound grief due to the sudden loss. On top of your grief, you’re also facing significant financial and emotional stress and are forced to deal with funeral expenses, loss of companionship, emotional anguish, and loss of your loved one’s income.

Attorney Michael Anthony Emma at The Emma Law Firm offers compassionate and reliable advocacy for grieving family members. They will conduct a thorough investigation of your wrongful death case and fight for you to get the maximum amount of financial compensation available for your case.

The Emma Law Firm offers a FREE consultation in this type of legal matter. Fill out the form below for more information.