10 January 2025 - Posted by Monsour Law Firm
A loved one’s death due to negligence is not only emotionally disastrous but also packed with legal complications. This guide will walk you through the steps necessary to file a wrongful death lawsuit in Texas. At the Monsour Law Firm, we’re committed to helping you recover from such devastating circumstances.
When a person dies because of the negligent, reckless, or intentional actions of another person or entity, their grief-stricken loved ones may be able to sue them for wrongful death, a type of civil suit. If you lose a loved one due to negligence, a wrongful death claim allows representatives of your loved one’s estate to recover compensation for the emotional and financial costs while holding the party to blame accountable for their actions. While it is often very important to seek damages in a wrongful death case, the real focus of these cases is often on fostering justice and preventing it from occurring again in the future.
Damages that can be recovered in these kinds of claims typically include medical costs incurred before death, funeral expenses, lost wages, and emotional distress. Wrongful death laws were created to ensure financial assistance to immediate relatives so they aren’t left to confront additional challenges, according to Cornell Law School’s Legal Information Institute.
Importantly, this type of claim is governed by state law, so rules and procedures vary from place to place. In Texas, for instance, only certain family members, the spouse, children, and parents of the deceased, have the right to file.
The specifics of wrongful death cases are tragic and vary widely. The most common causes are:
All of these situations could warrant a wrongful death claim, but the legal issue is usually complex.
In Texas, the spouse, children, and parents of the deceased can file a wrongful death claim. Texas Civil Practice and Remedies Code §71.004 sets forth this principle. If none of those people does anything in three months, the claim can go forward against a representative of the estate unless family members submit a written objection.
The personal representative of the estate is essential for the proper filing and administration of the claim. The representative of your estate is responsible for pursuing damages on behalf of the estate, which you will use to pay damages if the estate wins, and you will pay whatever judgment you receive to the appropriate heirs.
In Texas, you have two years from the date of the individual’s death to file a wrongful death claim. There are some exceptions for fraud, or if the negligence could not have been discovered before. You also need to get a lawyer on the case quickly to make a filing within these time limits.
Filing a wrongful death lawsuit involves several steps, including:
Negligence is another vital part of a wrongful death claim. Plaintiffs must prove that the defendant owed them a duty of care (a legal responsibility to act in the best interests of the other person), that the duty was breached, and that the defendant’s action or inaction directly caused the death. Such a process usually includes arcane witness testimony and massive evidentiary records.
Economic damages cover monetarily quantifiable losses like medical bills, burial costs, and missed income. These compensation fees are put in place to help ease the economic strain on the family that remains. Costs incurred for medical care before the death, funeral, and loss of household services are recoverable by this class representation. Lost wages are the anticipated lifetime income and financial contributions the deceased individual would have provided to their family.
Non-economic damages apply to the non-economic impacts of a loved one’s death, such as pain and suffering, loss of love, loss of companionship, emotional distress, etc. These damages are meant to compensate for the ordeal and diminished quality of life of the remaining family members. The courts could consider the nature of the relationships, the role the deceased played in the family’s lives, and the anguish experienced to decide what compensation to pursue.
Punitive damages may be awarded in cases of gross negligence or conduct by the defendant that is deemed particularly wrongful, both to penalize the defendant and to prevent such actions from happening again. These categories of damages differ from compensatory damages, which are paid to make the claimant whole; these types of damages are meant to identify and punish the conduct that caused the wrongful death, which highlights the element of accountability in wrongful death claims.
This type of claim is intended to compensate family members for losing the personal value of their relationship with the deceased. In comparison, survival actions cover damages suffered by the deceased before death, including things like medical bills and pain. Those are filed by the estate and are distinct from wrongful death actions.
At Monsour Law Firm, we understand the emotional and financial burden that wrongful death cases bring. Our experienced Longview wrongful death attorneys are here to guide you through the legal process and help you seek the justice and compensation you deserve. Monsour Law Firm, 404 N Green St, Longview, TX 75601 | (903) 999-9999. Contact us today for a free consultation.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
2 December 2024 - Posted by Monsour Law Firm
Texas Wrongful Death Lawsuit: What Damages Can Be Claimed Losing a loved one due to someone else’s negligence is devastating. In Texas, wrongful death damages include economic losses lik... read more
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