According to Texas Statues, you are eligible to file a wrongful death claim in the event that default, unskillfulness, carelessness, neglect, or wrongful act of one individual causes the death of another. When filing this claim, it is important to have all your facts together to avoid wasting time and money. Note that in case you make a wrongful death claim without supporting evidence, the other party may sue for defamation. Therefore, it is advisable to seek the assistance of an attorney referral service like Lawyer Referral Service of Central Texas (LRS), who will help you to find a reputable personal injury lawyer to help you through your lawsuit.
Who is Eligible to File the Claim?
In accordance with the personal injury law, if you are the parent, child, or surviving spouse of the deceased, you may be allowed to file a wrongful death claim in Texas. You can choose to file this claim as a group or individually. In the event the above-mentioned individuals do not file a claim within a certain time period after the purported wrongful death, a representative of the deceased’s estate may be able to proceed to file it. This, however, depends on the wish of the surviving members of the deceased family. According to Texas personal injury law, there are certain limits on which family member of the deceased may file the claim. To ensure that you don’t encounter hitches during the process, you can contact a professional Austin, TX lawyer for guidance on whether your claim is eligible or not.
Damages That Necessitate a Wrongful Death Claim
Upon filing a wrongful death claim, you are paid for damages which are aimed at compensating the surviving family members for the loss incurred due to the untimely death. In Texas, these losses include:
- The lost inheritance which includes the finances which the deceased could have saved for the surviving family to inherit
- Lost comfort, companionship, and love
- Mental and emotional suffering
- Lost support, care, and counsel which the deceased could have given his surviving family had they lived a full life
- Lost earning capacity
There are also some exemplary damages that are recovered in the event that the cause of death was due to negligence or a careless act of omission. However, to file for such claims, you need to find a wrongful death attorney who knows how personal injury law works within the jurisdiction of Texas. After successfully filing a wrongful death claim, the damages awarded may be divided amongst the surviving family according to the proportion of injury caused by the untimely death. Typically, the courts will determine these proportions. You need an experienced Austin lawyer to push through your claims.
Time Limit for Filing Wrongful Death Claim in Texas
In Texas, you are subjected to a specific statute of limitations which accordingly states that a wrongful death claim should be filed within two years after death. However, there are exceptions to those limitations which you can learn about by consulting a seasoned personal injury attorney.
If you wish to file a wrongful death claim, contact the Lawyer Referral Service of Central Texas to help you find a Texas attorney. The attorney will professionally guide you through the process of filing your claim. The initial consultation with a wrongful death Austin lawyer is no cost.
