Losing a loved one because of another party’s actions can leave a family dealing with grief while also trying to understand difficult legal questions. Decisions about medical expenses, financial losses, and the future may become more complicated when a death was caused by an accident or another form of negligence. Texas law provides specific rules for wrongful death claims, including who may bring a claim and what damages may be available. Understanding these considerations can help a family make informed decisions during an already difficult time.
Understanding a Wrongful Death Claim in Texas
A wrongful death claim may arise when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. These claims are separate from any criminal proceedings that may result from the same incident. Depending on the circumstances, a claim may involve a negligent driver, business, property owner, or another potentially responsible party.
Texas law also establishes specific requirements regarding who may bring a wrongful death action. Surviving spouses, children, and parents may have legal rights to pursue a claim, while other circumstances can affect who is permitted to file. Because eligibility depends on the relationship to the deceased and the facts involved, identifying the proper claimant is an important first consideration.
Important Evidence to Preserve
Evidence can become increasingly difficult to obtain as time passes. Preserving information connected to the incident can help establish what happened and who may have been responsible.
- Accident records: Police reports, incident reports, photographs, and other documentation may provide information about the circumstances surrounding the death.
- Medical documentation: Hospital records, treatment information, and medical expenses can help establish the nature and cost of the deceased person’s final care.
- Witness information: Names and contact information for people who observed the incident may be important when determining how it occurred.
Other evidence may also become relevant depending on the circumstances. Preserving records rather than relying solely on memory can help provide a more complete picture of the events.
Determining Who May Be Responsible
Establishing liability requires more than showing that a death occurred. A wrongful death claim generally requires evidence connecting another party’s conduct to the death. The specific legal requirements can vary depending on the circumstances of the incident.
For example, a fatal vehicle accident may involve questions about speeding, distracted driving, impairment, or failure to follow traffic laws. A death involving unsafe property conditions may instead require examination of whether a property owner or other party failed to address a known hazard. Identifying the conduct that contributed to the death is therefore an important part of evaluating a potential claim.
Damages That May Be Available
Wrongful death claims can involve several categories of damages. The losses considered will depend on the circumstances and applicable Texas law.
- Financial losses: A claim may address certain losses associated with the deceased person’s income, services, or financial contributions.
- Funeral and burial expenses: Costs associated with laying a loved one to rest may be considered as part of a claim.
- Loss of companionship: Certain surviving family members may be able to seek damages related to the loss of the deceased person’s companionship and relationship.
Determining the appropriate damages requires looking at the family’s circumstances and the losses connected to the death. Documentation supporting these losses can be important when evaluating a claim.
Understanding Texas Filing Deadlines
Wrongful death claims are subject to legal deadlines, commonly referred to as statutes of limitations. Texas generally imposes a two-year deadline for filing a wrongful death lawsuit, although exceptions may apply depending on the circumstances. Waiting too long can affect the ability to pursue a claim, so determining the applicable deadline is an important early consideration.
The timing of a claim can also affect the availability of evidence and the ability to investigate the incident. Addressing these issues promptly can help preserve information and clarify the legal options available to eligible family members.
Seeking Legal Guidance After a Loss
A wrongful death claim involves more than determining financial losses. It may require establishing liability, preserving evidence, identifying eligible family members, evaluating damages, and complying with Texas filing requirements. Robert J. Gonzalez, Attorney At Law brings more than three decades of legal practice experience to personal injury matters in Texas and can help families understand the legal process surrounding a wrongful death claim. To discuss the circumstances of a loved one’s death and learn more about available legal options, contact Robert J. Gonzalez, Attorney At Law at (361) 309-9332 today.