If you are in an unfortunate situation where you have to file a wrongful death lawsuit, there are some very important facts you need to know. Below are some definitions and explanations that will get you started in understanding what constitutes a wrongful death suit. This is just a basic overview, it is always recommended if you have any specific questions that you contact an attorney in your area who are experienced in the area of wrongful death.
What is Wrongful Death?
Texas Statutes section 71.001 defines it as “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. You are bringing the case for the deceased because they are unable to. Though the deceased’s family are the ones who will receive the compensation that is received.
Who is Able to File a Wrongful Death Claim in Texas?
In Texas, the surviving spouse, children, and parents of the person who passed may file on their behalf. If one is not filed by relatives, the person’s estate may file a claim unless there is a direct descendant that specifically requests that one is not filed. Filing for wrongful death can get quite complicated, so it is always best to run it by an experienced attorney first.
Damages in a Texas Wrongful Death Claim
When you file a wrongful death suit, you are asking for damages that you have incurred due to the sudden loss of your family member. Things like loss of income and loss of companionship are just a few of the specific damages that you can recover in a wrongful death claim. Talk to your attorney about the specific damages which may apply to your case.