Navigating the aftermath of a wrongful death is an emotionally challenging journey, and understanding the legal avenues for compensation is crucial during such trying times. In Texas, wrongful death claims provide a means for surviving family members to seek justice and financial relief when the loss of a loved one occurs due to someone else’s negligence or intentional actions.
Turnbull Legal Group explores the intricate path to compensation in wrongful death cases, shedding light on the legal processes, considerations, and the compassionate approach needed to pursue justice and financial recovery during these difficult moments.
Understanding Wrongful Death Claims In Texas
Wrongful death claims in Texas revolve around seeking justice and compensation when a person’s demise results from the negligence or intentional actions of another party. Governed by specific Texas statutes, these civil claims aim to provide surviving family members with legal recourse for the financial and emotional losses incurred due to the untimely death of a loved one.
To file a wrongful death suit, the claimant must be a surviving legal spouse, child, or parent of the deceased. Unfortunately, partners who are not legally married may not file wrongful death claims, but spouses may do so even if they were separated. Representatives of the estate may be able to file a wrongful death lawsuit if the family does not pursue a claim separately.
Elements Of A Texas Wrongful Death Claim
To succeed in a wrongful death claim, it is essential to establish negligence on the part of the responsible party. This involves demonstrating that the person or entity had a duty of care, then breached that duty through negligence or intentional actions, and that this breach directly caused the fatal incident.
In addition, you must show that the responsible party’s actions caused damage. This could be the loss of companionship or financial support from the deceased. Proving these elements is crucial for holding the responsible party accountable and securing compensation for the losses suffered by surviving family members.
How Are Wrongful Death Claims Compensated?
In wrongful death cases, compensation aims to address the various losses experienced by surviving family members. Types of compensation, known as “damages,” may include economic or non-economic damages.
Economic damages are typically easy to calculate and demonstrate to the court. They can include medical bills, funeral expenses, and the loss of financial support due to the death of a loved one. The loss of a future inheritance may also be considered as the deceased lost their opportunity to earn more money throughout their life and career.
Non-economic damages can be more challenging to define or quantify, as they may include emotional pain and suffering associated with the loss. It could also be the loss of love and care a spouse or parent provides. Further, the court may award additional punitive damages if they find evidence of gross negligence or intentional misconduct.
Statute Of Limitations
When pursuing justice, time is always of the essence. For most claims, civil or criminal, a statute of limitations defines how much time you have to file a lawsuit. In Texas, surviving family members have two years from the date of their loved one’s death to file a claim.
In some cases, the two-year limitation may be extended, such as when a minor child loses a parent and waits until they turn 18 to file a claim. Or, if new information comes to light later on that demonstrates the responsible party’s negligence, the two-year clock would typically begin at that point.
While most families are not considering filing a lawsuit while working through the grieving process, it’s crucial to be aware of the time limits so that you can pursue just compensation for your damages.
Choose Compassionate Representation For Your Wrongful Death Case
At Turnbull Legal Group, we recognize that pursuing a wrongful death claim is not just about seeking compensation but also about finding a path to healing and closure. Our compassionate approach to handling wrongful death cases extends beyond legal expertise; it involves empathetic support for grieving families. With a commitment to navigating the complexities of the legal process, we strive to secure the justice and compensation that families deserve.
Led by a Former Chief District Court Judge & Chief Prosecutor, Turnbull Legal Group serves residents of Harris County, Brazos County, Montgomery County, and Galveston County. Our unique approach, assigning two attorneys to each case, ensures dedicated and comprehensive representation.
If you are facing the aftermath of a wrongful death, contact Turnbull Legal Group for unwavering support and advocacy during these challenging times.
