When is it Appropriate to File a Wrongful Death Lawsuit in Texas?

July 8th, 2015 by Guajardo & Marks, LLP

When the wrongful conduct or actions of another person results in the death of a loved one, you may be left wondering how to pick up the pieces. During these trying times, a personal injury lawyer who is knowledgeable in Texas law will be able to initiate a wrongful death lawsuit on behalf of the deceased and hold the responsible party liable for the victim’s death.

Wrongful Death Lawsuits

Wrongful death lawsuits require family members to file a claim on behalf of the victim, but it isn’t always clear who is authorized to bring a wrongful death action after a loved one passes away.

A Texas wrongful death lawyer will be able to determine which of the victim’s survivors is entitled to file a lawsuit and seek compensation for the victim’s death.

Common Wrongful Death Related Incidents

Unfortunately, wrongful death incidents are common occurrences in Texas. An unsuspecting individual can fall victim to the careless actions or wrongful conduct of another person. Some of the common incidents that can entitle individuals to file wrongful death lawsuits include:

• Trucking incidents
• Premise liability
• Dangerous and defective products
• Automobile accidents
• Intentional acts

A wrongful death attorney who is familiar with Texas law can advise the victim’s survivors how to file a wrongful death claim and hold the responsible parties or entities liable for damages.

Texas Wrongful Death Lawsuits

Texas state laws, known as Survival Statutes, allow survivors to file a wrongful death lawsuit after the death of a loved one. This will usually allow for the victim’s spouse, children, or other dependents to seek compensation from the party responsible for the death of their family member.

When a loved one suddenly passes away because of another’s carelessness, it can leave the victim’s family emotionally and financially vulnerable. It is helpful to consult with a lawyer to investigate the facts of a wrongful death incident and bring an action against the at-fault party. This can help ease the financial burden you may be feeling after the loss of a family due to a catastrophic incident.

Compensation Available to Victim’s Family

Survival statutes in Texas can be complicated. A knowledgeable lawyer can interpret these laws to help families recover compensation for the death of their loved one. Some of the damages families may be entitled to include:

• Loss of companionship
• Grief and sorrow
• Victim’s lost wages and earning capacity
• Funeral expenses

A wrongful death lawyer understands how emotionally and financially trying wrongful death incidents can be for a victim’s family. By using their knowledge and expertise, a wrongful death attorney can help ease financial strains by collecting compensation for family members due to them under Texas laws.

Filing a Wrongful Death Lawsuit

When the time comes to file a wrongful death action, it is helpful to have the experience and knowledge of a wrongful death attorney on your side. Since they are familiar with Texas Survival Statutes, they can determine who is entitled to bring an action and get victim’s family the compensation they deserve.