The loss of a loved one is perhaps the most awful experience in the world. When that loss was preventable and was caused by someone else’s wrongdoing, the grief is coupled with a desire for justice and accountability. If you’ve lost a loved one due to someone else’s negligence, you may have a legal right to file a wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit that the surviving family members file on behalf of someone who has died as a result of someone else’s wrongdoing. These types of claims allow for the survivors of one who is wrongly killed to seek compensation for their loss, including the deceased individual’s medical expenses, funeral expenses, lost wages, pain and suffering, emotional distress, and loss of companionship. All of this is designed to both hold the at-fault party responsible for their actions but also to provide financial support to the survivors of the victim.
Types of Wrongful Death Causes
Wrongful death claims arise due to a number of different situations, including:
- Motor Vehicle Accidents: These situations include all accidents involving motor vehicles such as car accidents, truck accidents, and motorcycle accidents, whether they are due to intoxicated, distracted, or negligent drivers.
- Medical Malpractice: These situations involve a death resulting from the negligence behavior and errors of medical professionals.
- Workplace Accidents: These situations involve death resulting from on-the-job duties where employers are negligent, harbor unsafe working conditions, or fail to abide by particular regulations.
- Product Liability Accidents: These situations involve accident from dangerous or defective products.
- Premise Liability Accidents: These situations involve accidents from unsafe conditions on property grounds.
- Criminal Actions: These situations involve intentional criminal acts from the defendant.
Who Can File a Wrongful Death Claim in Texas?
Not just anyone is eligible to file a wrongful death claim. Rather, the law specifically provides for who has the right to bring such a claim, including:
- Spouses: The surviving spouse of the deceased is eligible to bring a wrongful death claim.
- Children: The children of the deceased, whether biological or adopted or minor or adult, are eligible to file a wrongful death claim. The biological or adopted children of the deceased can file a claim.
- Parents: If the deceased did not have a surviving spouse or children then the surviving parents are eligible to bring a wrongful death claim.
- Executors/Administrators of the Deceased’s Estate: If the deceased did not have any surviving spouse, children, or parents, then the executor or administrator of the deceased’s estate is eligible to bring a wrongful death claim.
Timing for Filing a Wrongful Death Claim in Texas
In Texas, wrongful death claims, like all personal injury claims, have a statute of limitations of two years. This simply means that the survivors of the deceased have two years from the date of the accident to file a wrongful death claim. If they wait beyond that time period, they will not be able to bring the claim.
Process for Filing a Wrongful Death Claim
Pursuing a wrongful death claim requires attention to detail and thorough knowledge of the process. If you’re considering bringing a wrongful death claim, consider the following steps:
1. Consultation with an Experienced Wrongful Death Attorney
The first thing you will want to do is seek advice from an experienced wrongful death attorney. A lawyer can help you evaluate your case to determine whether you have a viable claim. They will also help you understand your legal rights, walk you through the process, and ensure your claim is protected.
2. Investigation and Gathering Evidence
Once you have an attorney involved, the next thing that needs to be done is to gather evidence. The process of gathering evidence typically includes collecting accident reports, medical records, coroner reports, witness statements, video surveillance footage, and any other evidence you can think of to support your claim.
3. Filing the Complaint
If you have a viable claim and you have gathered enough evidence to support it, you will need to file a lawsuit.
4. Negotiation and Settlement
In most lawsuits, the dispute is resolved through settlement negotiations. This is where parties discuss the case and try to negotiate a settlement without the need of taking the case all the way to trial.
5. Trial
If the parties can’t agree on a settlement, the case will likely go to trial. During the trial, both parties will present their evidence, and a judge or jury will determine the outcome.
Damages Available in a Wrongful Death Claim
If you’re pursuing a wrongful death claim, you should consider these various types of damages.
- Economic Damages: These damages are tangible, meaning that there is a hard number you can put on them because it is documented, which includes medical bills, funeral costs, and lost income.
- Non-economic damages: These damages are not tangible meaning there is no documented proof of them, but they are also very real. These damages include pain and suffering, emotional distress, loss off companionship, loss of care.
- Punitive damages: In certain cases where the defendant’s actions were especially egregious and wrong, the court may award punitive damages in order to punish the at-fault party for their bad conduct.
Contact a Wichita Falls and Dallas Car Accident Lawyer
If you or anyone you know has been in a car accident in Wichita Falls or Dallas, contact our car accident lawyer either by calling one of the numbers listed below or filling out our contact form. For Wichita Falls car accidents, contact us at 940-569-4000. For Dallas car accidents, contact us 945-295-0014. We will give you a free evaluation of your case and offer you helpful information on how to proceed.