The Texas wrongful death statute, outlined in Section 71.002 of the Texas Civil Practice and Remedies Code, allows certain family members to seek legal compensation when their loved one’s death results from another party’s wrongful act, neglect, carelessness, or default. In these devastating situations, families can file a claim to hold the responsible party accountable and recover damages for the financial and emotional impact of their loss. At The Law Firm of Aaron A. Herbert, we aim to provide expert legal guidance for families in Dallas navigating these claims.
What Is Considered Wrongful Death?
Wrongful death occurs when the negligence, carelessness, or intentional misconduct of another person or entity causes someone’s death. This type of claim applies in a variety of circumstances, including car accidents, medical malpractice, workplace accidents, defective products, or intentional acts such as assault.
For example, if a loved one was killed in a car collision caused by a drunk driver or due to unsafe working conditions, the responsible party could be held liable under Texas wrongful death laws. The state statutes specifically outline that wrongful death claims are intended to compensate for the losses resulting from acts that would have given the deceased the right to file a personal injury lawsuit if they had survived (Texas Civil Practice and Remedies Code § 71.002, referenced in the USLAW National Compendium).
The scope of wrongful death is broad, but proving liability requires demonstrating that the responsible party’s actions (or inactions) directly caused the fatality. Working with an experienced Dallas wrongful death attorney can ensure that your case is thoroughly investigated and evidence is effectively presented.
Who Can File a Wrongful Death Claim in Texas?
The state’s law limits wrongful death claims to specific family members of the deceased. According to the Texas Civil Practice and Remedies Code, only the following individuals can file a wrongful death lawsuit:
- Spouses: The surviving spouse of the deceased, including legally married partners.
- Children: Biological and legally adopted children can bring forward a claim.
- Parents: Biological and adoptive parents are also eligible.
Other family members, such as siblings or grandparents, are not permitted to file a wrongful death claim under Texas law. If the immediate family members eligible to file a claim fail to do so within three months of the death, the executor or personal representative of the deceased’s estate may bring forward the lawsuit unless the family objects.
Filing a claim as a family member is not only an emotionally complex process, but it also requires strict compliance with legal requirements. For instance, family members must clearly demonstrate their relationship to the deceased and provide evidence of how the death has financially and emotionally impacted their lives. Additional information about wrongful death filing rules in the state is also available through the Texas State Bar’s Wrongful Death, which outlines these relationships and their legal rights.
Texas Wrongful Death Statute
The Texas wrongful death statute provides a framework for pursuing claims, including key deadlines and compensation rules. According to the statute, families have two years from the date of the deceased person’s death to file a lawsuit. This deadline is referred to as the statute of limitations, and failing to act within this period can permanently bar you from seeking justice. There are exceptions, such as cases involving fraud, concealment, or minors as claimants, but these exceptions are rare and require specific evidence.
Damages recoverable under the wrongful death statute include:
- Economic losses: These include lost wages or income the deceased would have provided, funeral expenses, and medical bills related to the fatal injury.
- Non-economic losses: Compensation for emotional damages like pain and suffering, mental anguish, and loss of companionship or consortium.
- Punitive damages: Awarded in cases where the defendant’s conduct was grossly negligent or intentional, as an additional measure to punish wrongdoing.
Understanding the law and navigating the procedural aspects of wrongful death claims requires an in-depth understanding of Texas statutes, as well as how courts in Dallas and surrounding areas interpret these laws. More detailed descriptions of Texas wrongful death laws, including procedural requirements and deadlines.
At The Law Firm of Aaron A. Herbert, we have extensive experience advocating for families who have lost a loved one under wrongful circumstances. We work to guarantee you recover the maximum compensation available under the state’s wrongful death statute.
Contact Aaron Herbert Today for Expert Legal Help
If you’ve lost a loved one due to someone else’s wrongful actions, you don’t have to navigate the legal process alone. At The Law Firm of Aaron A. Herbert, we understand the unique challenges faced by grieving families, and we’re committed to helping you seek justice and hold the responsible parties accountable. Contact us today to schedule a free consultation with an experienced Dallas wrongful death attorney.
AARON A. HERBERT
Aaron A. Herbert is a highly regarded trial lawyer known for his aggressive advocacy on behalf of seriously injured clients in major accidents and industrial catastrophes. With over a decade of experience, he has built a reputation for securing significant verdicts and settlements, often under confidentiality agreements. He emphasizes passion, preparation, and persistence in his practice, aiming to maximize case value while minimizing litigation stress for his clients. As seen in Justia and Yelp.
