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Contact UsLosing a loved one is an incredibly difficult experience, especially when that loss is due to the negligence or intentional actions of another person or entity. In Texas and Louisiana, wrongful death claims are designed to provide a legal path for the surviving family members to seek compensation for their loss. Understanding the legal process and how it differs between states is crucial if you are considering filing a wrongful death lawsuit.
In both Texas and Louisiana, a wrongful death claim arises when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. Wrongful death can result from a variety of situations, such as car accidents, workplace accidents, medical malpractice, defective products, or criminal actions like assault. Regardless of the cause, wrongful death laws are meant to hold the responsible party accountable and offer some measure of justice for the survivors.
In Texas, wrongful death cases are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. The law allows certain family members, referred to as “heirs,” to bring a wrongful death claim. These heirs include:
The Texas wrongful death statute is designed to compensate surviving family members for both the economic and non-economic damages they suffer due to the loss of their loved one. Economic damages include funeral and burial expenses, loss of financial support, and loss of inheritance. Non-economic damages, on the other hand, may cover the emotional pain and suffering that comes from the loss of a loved one, as well as the loss of companionship and guidance.
One key aspect of wrongful death claims in Texas is that they must be filed within two years of the decedent’s death. This two-year statute of limitations applies to most wrongful death cases, so it is important for surviving family members to act quickly to preserve their legal rights. Failure to file a lawsuit within the designated time frame can result in the case being dismissed and the loss of the opportunity to seek compensation.
Texas also operates under a comparative fault system, which means that the amount of compensation awarded in a wrongful death case can be reduced if the deceased or the claimant is found partially at fault for the incident that led to the death. For example, if the decedent was involved in a car accident but was also speeding, their damages may be reduced based on their degree of fault.
Louisiana’s wrongful death laws, outlined in Civil Code Articles 2315.1 and 2315.2, share many similarities with Texas law, but there are important differences. In Louisiana, wrongful death claims can be brought by the surviving spouse, children, parents, or siblings, depending on the circumstances. The law allows for a broader range of relatives to file a claim compared to Texas, which can help ensure that more family members are provided an opportunity for justice.
Like Texas, Louisiana allows compensation for both economic and non-economic damages. However, Louisiana does not allow for claims of loss of inheritance, which means that surviving family members cannot seek compensation for the financial future that the deceased would have provided had they lived. Instead, the focus is on the immediate financial losses and emotional damages that result from the death.
“I fight for justice in the toughest cases—whether it’s a defective medical device, a catastrophic industrial accident, or standing up for the injured against powerful corporations. Every client deserves a voice, and I’m here to make sure it’s heard.”
One significant difference in Louisiana is the statute of limitations. In wrongful death cases, the surviving family members have only one year from the date of death to file a claim, which is shorter than the two-year period in Texas. This short time frame means it is crucial for family members to act swiftly and seek legal counsel as soon as possible after a wrongful death.
Another notable difference in Louisiana is the state’s approach to damages. Louisiana has specific laws regarding the recovery of “pecuniary loss,” which includes the loss of support and services, and damages for the grief and suffering experienced by the surviving family members. However, unlike Texas, Louisiana does not recognize loss of companionship and society as a separate category for damages, which may impact the amount of compensation a family can seek.
Navigating a wrongful death claim in Texas or Louisiana can be a complex and emotionally challenging process. To ensure that you receive the compensation you deserve, it is important to consult with an experienced wrongful death attorney. A skilled lawyer can help you understand the intricacies of each state’s laws, ensure that your claim is filed within the appropriate time limits, and work to maximize the damages awarded to you and your family.
In Texas and Louisiana, many personal injury law firms, including those in Tyler and Longview, TX, and Shreveport, LA, offer free, no-obligation consultations for wrongful death victims. This means you can speak with an attorney about your case without any upfront costs, and they will only be paid if they win money for you on a contingency fee basis.
If you have lost a loved one due to the negligence of another, it’s essential to seek legal advice from a lawyer who specializes in wrongful death claims. Whether you’re in Texas or Louisiana, an attorney with experience in wrongful death cases can guide you through the process, fight for your rights, and help you secure the compensation you need to move forward after such a tragic loss.
Contact Us for Help with Your Wrongful Death Case
If you’ve experienced the loss of a loved one in Texas or Louisiana, our team of compassionate personal injury attorneys is here to help. We offer free consultations, and our lawyers work on a contingency fee basis, meaning you don’t pay unless we win your case. Contact us today to discuss your wrongful death case and learn more about your legal rights and options.
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.
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The Monsour Law Firm specializes in a wide range of personal injury cases, including car accidents, 18-wheeler and semi-truck crashes, wrongful death claims, daycare injuries, and cases involving fires and explosions. Our team is equipped to handle complex claims and fight for the compensation you deserve.
We operate on a contingency fee basis, meaning you pay nothing upfront. Our fees are only collected if we win compensation for your case. This ensures that financial concerns do not stand in the way of pursuing justice.
In Texas, the statute of limitations for most personal injury cases is two years from the date of the injury. In Louisiana, it is generally one year. It’s essential to act quickly and consult with an attorney to ensure your claim is filed within the legal timeframe.
After an accident, prioritize your safety and seek medical attention if needed. Document the scene by taking photos, gathering witness information, and filing a police report if applicable. Contact The Monsour Law Firm as soon as possible for guidance on protecting your rights and building a strong case.
The Monsour Law Firm has a proven track record of success in personal injury cases, with experienced attorneys dedicated to maximizing compensation for clients. We provide personalized attention, free consultations, and work tirelessly to ensure your rights are protected throughout the legal process.
I reached out to Monsour law firm and from the very beginning they have been amazing. They have great communication skills and made sure to take their time with me on any questions I had! I definitely felt like a priority! The lady that took great care of me and my family was Cheyenne !
This is the first time that I ever needed an attorney for a PI case. They have been very honest and upfront about everything. Special thanks to Martha, Benton and Christina. They have been so kind and informative throughout the process. Highly recommend Monsour Law Firm!
Christina is an inspiration when it comes to delivering outstanding customer service. She sets a high bar for the team at Monsour Law Firm with her unwavering dedication to understanding her clients needs and providing solutions that leave a lasting impression. Thank you for being outstanding!!!
I reached out to Monsour law firm and from the very beginning they have been amazing. They have great communication skills and made sure to take their time with me on any questions I had! I definitely felt like a priority! The lady that took great care of me and my family was Cheyenne !
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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.
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