Houston Wrongful Death Attorney

What Compensation Is Recoverable in a Wrongful Death Claim?

For the most part, money from a successful wrongful death case is meant to compensate the deceased’s surviving family or estate for losses they incur due to the wrongful death. There are several types of compensation that wrongful death beneficiaries in Texas can recover, including money for the following:

• Economic Losses – Financial losses such as lost earning capacity, final medical expenses incurred before the deceased’s death, and funeral and burial costs
• Non-Economic Losses – Intangible losses like mental anguish, loss of companionship, pain and suffering, and loss of inheritance the deceased might have accumulated during a full lifespan
• Loss of Support and Services – The financial support and services the deceased likely would have provided to their family, such as income, benefits, and household services

In addition to financial compensation for these losses, Texas law allows for a type of monetary award called “exemplary damages” in select cases. The courts order exemplary damages when someone’s willful act, omission, or gross negligence contributes to a wrongful death. Rather than compensate survivors, this type of monetary award is meant to punish wrongdoing and deter similar conduct in the future.

Who Can File a Wrongful Death Lawsuit in Texas?

Not just anyone can file a wrongful death lawsuit in Texas. State law specifies a limited number of parties entitled to sue for wrongful death. According to the Texas Code:

• The surviving spouse, children (minor or adult), and parents can file wrongful death lawsuits in Texas. They can either file these claims individually or jointly.
• If no surviving family members initiate a wrongful death lawsuit within three calendar months after the death, the personal representative of the deceased’s estate can step in and bring the claim on their behalf.
• However, the personal representative cannot bring the lawsuit if all entitled individuals (surviving spouses, children, and parents) have asked them not to file it.

Understanding who is eligible to file a wrongful death lawsuit is the first step in the process. The next is gathering evidence and building a case. These are time-consuming and challenging tasks, and they’re best left to an experienced Texas wrongful death lawyer.

How Long Do I Have to File a Wrongful Death Lawsuit in Texas?

Like in many other states, the Texas wrongful death statute of limitations imposes a strict time limit on your ability to sue liable parties for your loved one’s wrongful death. Specifically, the law says you have two years from the date of your loved one’s death to file a wrongful death lawsuit in a Texas civil court.

However, certain exceptions to this rule could significantly reduce your time to act. For instance, if you have a wrongful death claim against a government entity, you only have six months to notify the appropriate entity. Certain other situations could also affect your time to file, such as scenarios when you have no way of discovering that a wrongful act caused your loved one’s death until a later date.

These exceptions underscore the necessity of acting promptly and consulting a qualified Houston attorney when considering a wrongful death lawsuit. A skilled lawyer can accurately identify the timeframe you have to file your claim and handle your case with the speed and diligence it requires.

How a Houston Wrongful Death Attorney Can Help You

Working with a law firm like Fibich, Leebron, Copeland & Briggs is essential if you’re considering a Houston wrongful death lawsuit. An experienced attorney can handle every aspect of your case by: