TEXAS WRONGFUL DEATH FAQS

A wrongful death in Texas occurs when an individual’s death is caused by the negligence, carelessness, or wrongful act of another person or entity. This could include situations like car accidents, workplace incidents, or even criminal actions.

In Texas, the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death claim. If none of these individuals initiate a claim within three months of the death, the executor or administrator of the deceased’s estate may do so unless requested otherwise by the surviving family members.

A wrongful death claim can seek compensation for various damages, including:

• Lost earning capacity of the deceased
• Loss of companionship and society
• Mental anguish suffered by family members
• Loss of inheritance that the deceased would have provided
• Medical and funeral expenses incurred

In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death. However, there may be exceptions depending on the specific circumstances of the case.

Negligence is determined by evaluating whether the defendant owed a duty of care to the deceased, whether that duty was breached, and if this breach directly caused the death. Evidence and expert testimony are often used to establish these elements.

Yes, wrongful deaths caused by medical malpractice have specific considerations under Texas law. These cases typically require additional proof that the healthcare provider failed to meet the standard of care expected in the medical community, which directly led to the patient’s death.

Filing a wrongful death claim involves several steps, including:

1. Filing a petition with the court.
2. Serving a notice to the defendant(s).
3. Engaging in the discovery process, where evidence is gathered.
4. Negotiating settlements or proceeding to trial if needed.

Evidence may include medical records, eyewitness testimonies, expert analysis, accident reports, and any documentation that demonstrates the defendant’s negligence leading to the death.

While Texas generally does not cap damages in wrongful death cases, there are limitations in medical malpractice cases. Non-economic damages in these cases may be capped depending on the circumstances and defendants involved.

An attorney plays a crucial role by advising the family on legal rights, gathering evidence, negotiating settlements, and representing the family’s interests in court. They ensure all procedures and deadlines are met, supporting the family throughout the legal process.