A wrongful death is a type of personal injury claim in which the victim of the accident passed away, so someone else needs to file a claim on their behalf. Families may be eligible for compensation for a valid wrongful death claim. Has one of your loved ones passed away due to an accident caused by a negligent person? Read on or reach out to a San Antonio, Texas Wrongful Death Lawyer to learn more about how you can file a claim today.
WHO CAN FILE A WRONGFUL DEATH CLAIM IN TEXAS?
Texas has specific limitations on who is allowed to lawfully file a wrongful death claim. Only the victim’s spouse, children, parents, or personal representative are eligible to file a claim on the victim’s behalf. In Texas, siblings and other family members are not allowed to file a suit (unless they happen to be a personal representative of the victim too). A personal representative is a person who is legally responsible for the deceased person’s assets; usually, it’s the named executor of the will.
As per Texas’s statute of limitations, the victim’s eligible family members have three months from the date of the victim’s death to file a claim. Alternatively, personal representatives have two years from the date of death to file a claim.
HOW CAN I WIN A WRONGFUL DEATH CASE?
Similar to other personal injury cases, you’ll need to prove in court that your loved one’s death was a direct result of someone else’s negligence. For evidence, a personal injury attorney can help you gather video surveillance, photos of the accident or what caused it, hospital records detailing the victim’s injuries, witness statements, and more. A seasoned lawyer can build a case proving that another person acted negligently, an accident occurred because of their negligence, and the victim died as a direct result of the accident. For example, a drunk driver can be sued for wrongful death if they drove under the influence of alcohol, caused a car accident, and someone died due to injuries from the car accident.
Should you win your lawsuit, you could receive compensation for any of the following:
- Pain and suffering (emotional trauma, decreased enjoyment of life, etc.)
- The victim’s medical expenses
- Loss of consortium (deprivation of benefits provided by the victim)
- Funeral costs
- Cost of wages the victim would have provided to the family
Do you think you might have a valid wrongful death claim? You probably want to speak with a talented personal injury attorney to figure out your options. Contact Sahadi Legal Group today for quality legal counseling.
