Texas Wrongful Death Lawyer – Texas Wrongful Death Lawsuit
If you have lost a loved one due to the negligence or carelessness of another, you have important legal rights. Call us today to get the facts. Call Toll Free 1-866-777-2557 and a Texas Wrongful Death Lawyer will get back to you within 24 hours to discuss your claim. This is a free, no obligation case review and there are no legal fees unless you receive money at the end of the case. Time is limited, so please call today.
Texas Wrongful Death Settlements
Wrongful Death Lawsuits
If a loved one has passed away as result of someone else’s carelessness (also known as negligence) or following a wrongful act, you may be able to file a wrongful death claim. These claims compensate family members for the loss of a loved one. Generally speaking, if the individual who passed could have raised a personal injury claim on their own behalf, then family members can likely raise a wrongful death claim.
Wrongful death claims often involve
- Work accidents
- Motor vehicle accidents
- Pedestrian accidents
- Medical malpractice
- Defective products or medications
People, government agencies, and companies are all subject to suit for wrongful death. Virtually anyone who was negligent and caused a loved one’s death can be involved in a wrongful death lawsuit.
It is important to note, however, certain government agencies and employees may be immune from suit in a wrongful death claim. Some companies may also be immune. For example, generic drug makers cannot be held liable for wrongful death as a result of their drugs when brand name drugs have been FDA-approved, and therefore, the generic drug cannot be “unreasonably dangerous” to warrant a wrongful death claim.
Who Can File a Wrongful Death Claim?
Individuals who can file a wrongful death claim are limited by state law. Usually, the executor of the decedent’s estate can file a wrongful death claim. This is most often the spouse or child of the person has passed. Parents of unmarried children can also often bring a wrongful death claim as well.
Domestic partners and those who were financially dependent on the decedent can also sometimes file a wrongful death claim even if the loved one is not legally considered immediate family. Other states also allow more distant family members to bring a claim as well, including grandparents and siblings.
In some states, a fetus’s death can trigger a wrongful death action. However, this type of claim is not available in all states, so you will need to consult a local attorney for more information.
Damages in a Wrongful Death Claim
Many of the same types of damages available in a personal injury case are also available in a wrongful death case. However, there are some slight variations. For example, in a personal injury case, an individual can assert lost wages for the amount of time he or she had to take off work due to the incident. In a wrongful death case, loved ones can sue for the expected earnings or wages over the decedent’s lifetime. Loved ones can also assert losses for lost medical coverage and pension plans. Funeral expenses are also something that it is recoverable in a wrongful death case that would not apply in a personal injury case.
Non-economic damages are also available. These damages are more associated with the loss of a loved one, but the decedent’s pain and suffering is also often considered. Loss of companionship, love, society, advice, nurturing, and care are all common non-economic damages in a wrongful death case.