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  • Writer's pictureRobert Schuerger

Pursuing Rights after Loss: Who Can File Wrongful Death in Texas?

Losing a loved one is a heart-wrenching experience, and it's even more difficult when that loss happens because of someone else's mistakes. In Texas, when such a tragedy strikes, surviving family members can seek justice through what's called a 'wrongful death claim.'


With Texas's vast legal landscape, many people find themselves wondering: What exactly is a wrongful death lawsuit? How does Texas law define it? Who can file such a claim, and what can they hope to gain?


In this article, readers will discover the complexities of Texas wrongful death claims, the rights of surviving family members, and the importance of having an expert wrongful death lawyer by their side.


What Is a Wrongful Death in Texas?

What Is a Wrongful Death in Texas?


When a loved one's life ends because of another person's thoughtless actions, the aftermath is more than just emotional turmoil. Schuerger Shunnarah Trial Attorneys can help navigate these unfortunate situations and answer questions like How long do you have to file wrongful death in Texas?


A wrongful death occurs when an individual's life is taken due to the negligence or intentional acts of another person or entity. Texas offers a legal route known as wrongful death claims for those left behind.


Moreover, a wrongful death lawsuit arises when an individual's death results from an unlawful act or sheer gross negligence. The idea behind this is to offer a sense of justice and compensation for the harm inflicted.


Who Can File a Wrongful Death Suit?

Not just anyone can file a wrongful death lawsuit or claim. Texas wrongful death laws specify certain conditions and individuals, such as a surviving spouse, who can take this legal step.


It's not just a court case but a path for family members to potentially secure wrongful death damages for their unimaginable loss. Understanding this process is crucial, and having a knowledgeable Texas wrongful death attorney can make all the difference.


Eligibility to File Wrongful Death Claims in Texas


In Texas, the repercussions of a wrongful death can ripple through families, leaving them seeking answers and justice. Moreover, it's essential for them to know who has the legal grounds and how much time they have to file a wrongful death claim or pursue a lawsuit.


The Texas Wrongful Death Statute

Now, the wrongful death statute in Texas sheds light on the individuals allowed to bring forth such cases. Individuals can file a claim in the next two years from the date when the incident happened. Anything after that would not count.


Primary Eligibility

Primarily, when it comes to a tragic event, the law provides the surviving spouse, children, and parents of the deceased person the right to file a wrongful death lawsuit.


They are the primary individuals who hold this legal right, given their close bond and direct relationship with the deceased. The law recognizes their pain, loss, and the wrongful act leading to the end of their loved one's life.


Extended Eligibility

Texas law also caters to cases where primary eligible parties might not come forward. If the surviving spouse, parents, or children don't file a wrongful death claim within a specific timeframe, the personal representative or administrator of the deceased person's estate may step in.


This extended eligibility ensures that the wrongful death case doesn't go unheard. It's crucial to mention that the personal representative's ability to file a lawsuit is conditional. However, if the direct family members explicitly ask not to start the case, the representative is bound to respect their wishes.


As these cases are complicated, many families consult a wrongful death attorney to navigate the complexities and ensure that justice is served.


What Can Family Members Recover in Terms of Damages?


When a family faces the heartbreak of losing a loved one due to a wrongful death, they not only suffer emotionally but often financially as well. Pursuing a wrongful death lawsuit in Texas is one way to seek compensation for these losses. However, what can they expect to recover in terms of damages?


Primary Damages

Most families who decide to file a wrongful death claim aim to secure compensation for the direct losses they've endured. This includes medical expenses the deceased person might have incurred before passing, funeral and burial costs, and loss of the loved one's earning potential.


It can also account for the pain and suffering the deceased went through, as well as the mental anguish and loss of companionship that each family member faces.


Every wrongful death case is unique, and the amount of compensation largely depends on the specifics of each situation. If the main income earner in the family passes away, the financial implications can be immense, and the wrongful death lawsuit would seek to address that.


Punitive Damages

While primary damages cover actual losses, Texas also allows for the possibility of punitive damages in certain wrongful death lawsuits. These are not about compensation. Instead, they're damages that can punish the wrongdoer for their negligence or misconduct.


When a wrongful death case reveals that the guilty party acted with a gross disregard for safety, punitive damages can come into play. It's a way of ensuring that similar actions or negligence don't happen again in the future by setting a solid example.


Families might not always be aware of this aspect, making it essential to get expert guidance when considering a wrongful death claim.


The Importance of Legal Help in Navigating a Wrongful Death Claim

The Importance of Legal Help in Navigating a Wrongful Death Claim


Losing a loved one brings immense grief, and when that loss results from someone's negligence, it becomes even more complicated.


Navigating the intricacies of wrongful death claims in Texas can be overwhelming for most people. The paperwork, legal requirements, and nuances, such as whether to file a wrongful death suit, can confuse anyone, especially during such a challenging time.


Furthermore, the process of pursuing a Texas wrongful death lawsuit requires expertise. Every step taken can significantly impact the outcome. It's not just about seeking compensation but also justice for the loved ones.


A Legal Ally in Challenging Times

Having a knowledgeable legal ally ensures that rights are protected and that the process is as smooth and successful as possible. Hence, Schuerger Shunnarah Trial Attorneys is here for those in need.

With a steadfast commitment and its motto, "We go to war for you," this law firm stands ready to help during life's most challenging moments.


Closing Thoughts


The loss of a loved one, especially due to negligence, leaves many unanswered questions and challenges. Navigating the terrain of wrongful death claims isn't straightforward, and every step has significant implications.


Understanding the nuances is crucial when considering filing a Texas wrongful death claim or pursuing a lawsuit. While this article sheds light on some key aspects, legal complexities often require expert help.


In such times, seeking guidance from a professional team such as Schuerger Shunnarah Trial Attorneys can make a world of difference. These experts are equipped and dedicated to providing the support families need in pursuing justice when dealing with wrongful death or even when considering a personal injury lawsuit.

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