Who Can File a Wrongful Death Claim in Texas?
Losing a spouse, parent, child, or other loved one is not only emotionally devastating, it can also lead to significant financial harm. When someone dies unexpectedly, his or her family is often left to pick up the pieces and move on without the love, companionship, and financial support of the deceased individual. Paying the mortgage, rent, utilities, and other expenses can be next to impossible without the deceased person’s income. For parents, taking care of the children, transporting them to and from school, and affording childcare can also create a heavy burden.
Texas law allows surviving loved ones to file a wrongful death claim and pursue financial compensation for their losses. If you lost a family member in a car accident, construction site accident, pedestrian accident, or another type of accident, you may be able to recover monetary damages for your losses.
Wrongful Death Claims and Lawsuits May Be Initiated by a Family Member or the Executor of the Estate
Wrongful death claims can be thought of as personal injury claims that another person brings on the deceased person’s behalf. In Texas, wrongful death claims may be filed by the deceased person’s parent, adult child, or spouse. However, there are crucial timing issues associated with wrongful death claims in Texas. If three months have passed since the individual passed away, any wrongful death claim must be brought by the executor of the deceased person’s estate. The executor may be appointed by the court or named in the deceased person’s will.
Recoverable Damages in a Wrongful Death Claim
Money can never compensate someone for the loss of someone they loved. However, compensation from a wrongful death claim can help families pay for the financial losses associated with their loved one’s passing. Depending on the facts of your case, you may be able to recover damages related to:
- Lost earning capacity – Families may be entitled to compensation for the income the deceased person would have earned had he or she lived.
- Lost support, care, and guidance – Families may be entitled to financial compensation for the loss of the intangible benefits the deceased person provided, including their guidance, emotional support, and care.
- Lost companionship – Families may be able to recover damages for loss of companionship, love, and affection.
- Mental anguish – Families may be able to recover compensation for their grief, sorrow, and mental anguish.
Contact our Carrollton Wrongful Death Lawyer
A wrongful death claim cannot take away the pain and grief you have experienced because of your loved one’s death. However, a wrongful death claim may help you recover monetary compensation and reduce the financial burden you experience as a result of the death.
Experienced Carrollton personal injury attorney Austin Hartley can help you pursue compensation for lost income, mental anguish, and more. Call the Hartley Law Firm at 469-289-6063 for a free initial consultation.