A death in the family is a tragedy that is exacerbated when that death was caused by the negligence of another person or entity. For this reason, a wrongful death lawsuit is one way for families to seek justice for the death of a loved one. In Texas, if you want to have a successful lawsuit, you will need the help of a wrongful death lawyer to prove that negligence caused the death of your loved one.
Ask a Wrongful Death Lawyer: Six Frequently Asked Questions
1. What Is Wrongful Death in Texas?
In Texas, wrongful death occurs when an injury or accident causes the death of a person or fetus. Typically, wrongful death is caused by wrongful acts, negligence, carelessness, and unskillfulness. Essentially, if your loved one was involved in an accident and died through no fault of their own, their death could qualify for a wrongful death lawsuit.
Examples of Accidents That Can Result in Wrongful Death
Wrongful death claims can happen after several types of accidents. Wrongful death attorneys in Bryan TX know the case law about accidents such as car crashes, workplace accidents, medical malpractice, defective products, premises liability, and pedestrian accidents.
The most common wrongful death suits arise from motor vehicle accidents that are associated with drunk driving, reckless driving, and road defects. For oil rig workers and construction workers, workplace accidents can also often lead to permanent disability or loss of life. Finally, medical malpractice is another exceptionally common cause of wrongful death for both mothers and unborn fetuses.
2. Who Can File a Wrongful Death Claim?
The Texas laws about wrongful death establish that only close relatives can file a wrongful death claim. In general, this means that parents, children, and the legal spouse of the deceased individual can file a wrongful death claim. The estate manager of the deceased person may also file a wrongful death claim under civil statutes.
People who are excluded from filing wrongful death claims in Texas include the siblings and grandparents of the deceased, along with extended family such as cousins. Although the extended family may be involved in the case, they’re not typically able to receive any proceeds from a wrongful death lawsuit.
What About Step-Family?
Stepparents and stepchildren are usually also ineligible for filing a wrongful death lawsuit. The exception is if there are legal adoption records that connect the deceased to the surviving stepchild or stepparent.
3. What Is the Statute of Limitations for Wrongful Death Claims?
In Texas, people have two years from the date of death to file a wrongful death claim. If a previous personal injury lawsuit has already been lodged, the personal injury lawsuit can become a wrongful death lawsuit with a new statute of limitations.
4. What Must Be Proven in a Wrongful Death Case?
The most important thing that must be proven in a wrongful death case is negligence since a lawyer will need to prove that negligence caused the death of the deceased individual. If there was negligence involved in an original personal injury claim, this negligence can also be used to prove a wrongful death claim.
Proving negligence may be difficult depending on the type of accident that caused the wrongful death. For example, proving negligence in a medical malpractice case will involve gathering evidence that proves there was a breach in the standard of care. On the other hand, proving negligence in a motor vehicle accident will need to involve evidence of reckless driving or other carelessness that caused the accident.
5. Is It Possible to Sue the Government for Wrongful Death?
In Texas, you can sue the government in certain circumstances for wrongful death. For example, if there was an accident on government property that resulted in the death of an individual, and there is evidence that negligence was involved in the accident, it’s possible to sue the Texas state government for wrongful death. However, suing the government for wrongful death is often difficult and requires an exceptional amount of proof.
6. How Are Wrongful Death Proceeds Divided?
In Texas, most of the wrongful death proceeds will be divided among immediate family members. A jury will give most of the proceeds to the legal spouse of the deceased followed by the children and parents of the deceased.
Of course, if the deceased did not have a legal spouse, then proceeds are often put in trust for minor children that can be accessed when the children are adults. If there were no children, proceeds go to the parents of the deceased or the estate manager who filed the lawsuit.
A death in the family can be devastating, but there are ways for surviving family members to seek justice for the loss of their loved ones. A wrongful death lawsuit cannot resolve grief, but it can lessen some of the financial burdens after the death of a family member. Wrongful death lawsuits can be filed after a workplace accident, car accident, or medical malpractice accident.
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