Losing a loved one due to the negligence or wrongful actions of another party is a devastating experience. In such tragic circumstances, families in Texas may seek justice through a wrongful death lawsuit.
However, navigating the legal process can be complex, especially when determining who has the right to file such a lawsuit. Here are some of the specifics of wrongful death laws in Texas in regard to who can pursue legal action in these cases.
The Basics of Wrongful Death Lawsuits
A wrongful death lawsuit allows surviving family members to seek compensation for the loss of their loved one when that loss is caused by the negligence, recklessness, or intentional misconduct of another party. These lawsuits aim to hold the responsible party accountable for their actions and provide financial support to the surviving family members who have been impacted by the loss.
Who Can File a Wrongful Death Lawsuit in Texas?
In Texas, the right to file a wrongful death lawsuit is governed by state law. According to the Texas Wrongful Death Act, only certain individuals are eligible to bring forth a wrongful death claim. These individuals typically include:
Spouse: The surviving spouse of the deceased has the primary right to file a wrongful death lawsuit in Texas. This applies whether the marriage was formalized through legal marriage or recognized through common law marriage.
Children: If there is no surviving spouse or if the surviving spouse does not pursue legal action within a specified timeframe, the deceased’s children may have the right to file a wrongful death lawsuit. This includes biological and adopted children, as well as children born out of wedlock who have been formally acknowledged by the deceased.
Parents: If the deceased had no surviving spouse or children, the right to file a wrongful death lawsuit may pass to the deceased’s parents. This applies whether the parents are biological or adoptive.
Time Limit for Filing a Wrongful Death Lawsuit
As mentioned by the personal injury attorneys in Austin, there is a statute of limitations that governs the timeframe within which a wrongful death lawsuit must be filed. Generally, the lawsuit must be filed within two years from the date of the deceased person’s death. Failing to file within this timeframe may result in the loss of the right to pursue legal action and seek compensation.
Compensation in Wrongful Death Lawsuits
Damages that may be awarded in a wrongful death lawsuit in Texas can vary depending on the specifics of the case. Generally, compensation may cover:
Medical expenses: Including expenses related to the deceased person’s final medical treatment and care.
Funeral and burial expenses: Costs associated with the deceased person’s funeral arrangements and burial.
Loss of income: Compensation for the income and financial support that the deceased person would have provided to their family members had they survived.
Loss of companionship and consortium: Compensation for the emotional pain, suffering, and loss of companionship experienced by surviving family members as a result of the death.
Wrongful death lawsuits in Texas provide a means for surviving family members to seek justice and compensation for the loss of a loved one due to the negligent or wrongful actions of another party. Understanding who has the right to file such a lawsuit and the potential compensation available is essential for navigating the legal process effectively.
If you have lost a loved one under circumstances that may warrant a wrongful death claim, it’s crucial to consult with an experienced attorney who can provide guidance and advocacy throughout the process.