Experiencing a wrongful death in Texas can be hard both physically and mentally. Losing your loved one is one of the hardest things to go through, and many people choose to file wrongful death suits or go to court after losing their relative.
If you are thinking about taking legal action after a wrongful death, there are some things you should know and consider before moving forward. When you’re ready you can speak with a Sugar Land wrongful death lawyer near you.
What Is Wrongful Death?
Wrongful death means an injury resulting in a person’s death. It must be caused by someone else’s wrongful act, neglect, carelessness, unskillfulness, or default. If the person was alive, they would likely be entitled to a personal injury lawsuit.
Many times, wrongful death is the result of a negligence-based accident, such as a car accident. It can also be medical malpractice or an intentional act such as murder.
In a wrongful death suit, the defendant must pay the deceased person’s survivors’ compensation. It does not result in prison time, fines paid to the state or probation.
Who Can File a Wrongful Death Suit?
Every state has different rules when it comes to filing a wrongful death suit, so paying attention to rules in Texas is especially important. In Texas, you typically have to be the deceased person’s surviving spouse, children, or parents.
One of these people can also file a lawsuit on behalf of all the people listed above. If a wrongful death suit is not filed within three months of the death, the personal representative of the estate can file the claim instead.
Keep in mind there is a two-year time limit when filing a wrongful death suit. A lawsuit must be filed within two years of the person’s death. If it’s not filed, there is a chance the court will refuse to hear the case.
What Types of Damages Are Possible in a Wrongful Death Case?
Only some damages can be compensated in wrongful death cases. The most common ones include lost earning capacity, mental pain and anguish experienced by the surviving family, lost love and companionship, and lost inheritance. The inheritance includes the saving potential of the deceased family member.
You can also be compensated for lost care, maintenance, services, support, advice, and counsel that the deceased could have provided to the surviving family members. Punitive damages may also be awarded in some cases, though this is rare.
Get Ahold of a Wrongful Death Attorney
If you are looking to partner with a lawyer, our office is here for you. Call us at 281-238-5400. You can also fill out the contact form. The Estes Law Firm has an experienced multilingual Sugar Land wrongful death lawyer that is ready to help you and get you the compensation you deserve.