How Long Do You Have To File A Wrongful Death Lawsuit In Texas?

 Posted on June 30, 2022 in Uncategorized

Under Texas law, a person has two years from the date of death to file a wrongful death lawsuit in Texas. In the tragic event of the loss of a loved one in an accident, it can be hard to know how to move forward. Untimely deaths disrupt every aspect of the lives of surviving loved ones. When faced with an untimely accidental death, a victim’s loved ones may be able to file a wrongful death claim for damages brought on by the loss of life.

Wrongful death generally applies to any loss of life resulting from the negligent or malicious actions of another party. These claims can range from death caused by negligence such as a car accident or medical malpractice, to intentional harm such as death resulting from assault or manslaughter.

Wrongful death lawsuits usually differ from workplace death claims which are typically covered under workers’ compensation insurance policies that prohibit an employee from suing their employer for injuries or death on the job. An experienced San Antonio wrongful death attorney will be able to advise you if an exception applies that will allow the surviving family to sue the decedent’s employer for its gross negligence.

Moreover, a wrongful death suit can be filed against a third party on negligence or other grounds, such as a supervisor’s failure to observe workplace safety practices or operating procedures.

Determining whether you should file a wrongful death lawsuit in Texas can raise many questions. How long do you have to file a wrongful death lawsuit in Texas? Who is eligible to file a wrongful death lawsuit? What types of damages are included in a wrongful death lawsuit? Hardworking personal injury lawyers like Alford Law PLLC can answer these questions and help you move forward with your claim.

Who Can File a Wrongful Death Lawsuit in Texas?

In Texas, state law limits filing wrongful death claims to a small group of people. In order to file a wrongful death lawsuit in Texas, you must be one of the following relations able to prove the death was caused by the negligence of a person or company and that you have experienced a material loss resulting from the death of your loved one.

1.   Surviving spouse

2.   Surviving children

3.   Surviving parents

4.   Administrator of the deceased’s estate

Adoptive parents or children, whether adults or minors, are able to file a wrongful death claim for their relation provided adoption has been completed and legitimized prior to death. Grandparents and siblings of the deceased are not eligible to file a wrongful death claim in Texas.

What Damages Can You Seek In a Wrongful Death Lawsuit?

In the event of a wrongful death caused by negligence, there are different types of damages awarded to the surviving claimants. In the event of a wrongful death caused by willful negligence, claimants could be eligible for exemplary as well as actual damages. Exemplary damages are additional damages awarded to punish gross negligence resulting in a loss of life, such as death caused by drunk driving or failure by a person or company to observe certain safety protocols that would have protected the deceased. Typical damages claimed in a wrongful death lawsuit can include both economic and non-economic claims such as emotional turmoil and loss of social support.

1.   Lost income of the deceased

2.   Lost inheritance

3.   Medical expenses

4.   Funeral Expenses

5.   Lost community, counsel, or comfort

6.   Lost love or companionship

7.   Emotional distress or mental anguish 

When filing a wrongful death lawsuit for an accident caused by negligence, surviving loved ones deserve full reparations for any damages resulting from their loss. Experienced Texas personal injury attorneys like Alford Law PLLC can work to help you assess your case, gathering information and organizing damages for your claim. After the death of a loved one, working closely and quickly with accident attorneys to file a wrongful death lawsuit in Texas can help claimants get the reparations they deserve from their loss.