When a loved one dies due to the deliberate, reckless, or negligent behavior of another, their surviving family members may be able to file a lawsuit against the responsible party. It’s known as the wrongful death lawsuit and it allows the surviving family members to collect monetary compensation for the untimely death of their loved one.
Make sure you have an experienced Houston injury attorney on your side to pursue a wrongful death claim.
Who Can File a Wrongful Death Lawsuit in Texas?
The members of the immediate family may file a wrongful death claim in Texas. This includes parents, children, and the spouse of the deceased person. Any one of these individuals has the legal right to file the claim either on their own or as a collective group. However, timing is very important in these lawsuits, which is why it is prudent to contact a Houston injury attorney as soon as possible.
If these members do not file the lawsuit within 3 months of the date of death of the accident victim, the executor or personal representative of the deceased individual’s estate may be able to file the claim instead. The only exception to this is if a surviving family member explicitly demands that the wrongful death claim not be filed.
If you are an adult, and you lost one or both of your parents due to the negligent behavior of someone else, you can file a wrongful death claim.
If you are an adopted child, you may be eligible to file the claim for the death of your adoptive parent – only if you were legally and fully adopted. The adoptive parents may also file a claim if their adopted child is killed due to someone else’s reckless conduct.
Keep in mind that adopted children cannot file a wrongful death claim for their biological parents in Texas.
If you have any questions about this aspect, an experienced Houston injury attorney can help you understand your legal rights and the best options.
However, in Texas, surviving siblings – whether adopted or biological – cannot file a wrongful death claim for the loss of their sister/brother.
Damages in a Wrongful Death Claim in Texas
When the surviving family members file a wrongful death lawsuit, they are essentially filing a claim to receive compensation for their losses that originated due to the untimely death. When it comes to the division of the compensation awarded to the surviving family members, it is calculated in proportion to the loss they suffered as a result of the untimely demise. These numbers are usually determined by the court.
Do Not Suffer Any Longer: Talk To A Leading Houston Injury Attorney Today
You have already lost a loved one – you do not need to suffer financial loss on top of your emotional one. The wrongful death laws and statutes in Texas are known to be more complicated and restrictive than most other states.
At Kirk Law Firm, we have helped numerous families receive justice and fair compensation for their losses – to the tune of millions of dollars. Our goal is to get you the maximum possible compensation, be it from a settlement offer or a jury verdict.
Reach out to our Houston injury attorneys today to schedule a free and confidential case evaluation.