Losing a loved one is a devastating event, but it can be even more complex when the death was unexpected and caused by someone else’s negligence. For some people, the desire to do something about their loved one’s death is overwhelming.
In Texas, one option that’s possible if negligence, recklessness or purposeful actions caused the fatality is a wrongful death claim. When you file a wrongful death claim, you seek to hold someone accountable for the incident and to receive monetary compensation.
Who can file a wrongful death claim in Texas?
There are limits to who can file a wrongful death claim in Texas. The only individuals who can file the claim include:
- Decedent’s spouse
- Decedent’s children
- Decedent’s parents
Each individual who has the legal ability to file a wrongful death claim can opt to file together or separately. If they don’t opt to do this, the executor of the decedent’s estate can file three months after the decedent’s death. The only exception to this is if the family instructs them not to file the claim.
What types of damages can be recovered?
A wrongful death claim is meant to compensate you for the loss that you suffered because of the untimely death. This can include various types of damages, such as:
- Loss of earning capacity
- Loss of companionship and guidance
- Value of household services the deceased individual provided
- Mental anguish for the immediate family members
In some cases, other damages, such as exemplary damages, are also possible. These aren’t meant to compensate you. Instead, they are meant to punish reckless behavior that’s particularly egregious.
Loved ones only have two years to file a wrongful death claim in Texas. The time starts when the death occurs, so swift action is critical for these matters. It may be beneficial to work with someone familiar with these matters so they can assist with the process. This can give you time to grieve your loved one’s death and handle their final affairs while that individual takes care of the legal side of the matter.
