Wrongful Death

Losing a loved one is hard enough, but it becomes even more difficult when their death is caused by someone else’s negligence. Wrongful death occurs when someone dies because of another person’s careless actions. For families affected by this tragedy, pursuing a wrongful death claim can provide a means to seek justice and financial assistance while they cope with their loss.

What Is a Wrongful Death and Survival Claim?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional misconduct of another party. The claim allows the deceased’s estate or surviving family members to pursue financial compensation from the responsible party. Common causes of wrongful death include:

• Car, truck, boats and plane accidents caused by reckless or impaired drivers
• Medical malpractice, such as a misdiagnosis or surgical error
• Workplace accidents, especially in high-risk industries like construction
• Defective products and drugs that lead to fatal injuries
• Criminal acts, including homicide or violent crimes

While no amount of money can replace a loved one, a wrongful death claim helps provide financial relief for the losses experienced by the family.

Who Can File a Wrongful Death Claim?

In Texas, certain family members are eligible to file a wrongful death claim. These include:

• Spouses
• Children, including adult children
• Parents of the deceased

If none of these individuals take legal action within three months of the death, the personal representative (executor) of the deceased’s estate may file the claim on behalf of the family.

What Damages Can Be Recovered?

A wrongful death and survival claim can seek compensation for a variety of damages, both economic and non-economic. These include:

• Medical expenses incurred before death
• Funeral and burial costs
• Lost wages and future earning potential of the deceased
• Loss of companionship for surviving family members
• Mental and emotional anguish experienced by the family
• Loss of inheritance, which includes the financial benefits that the deceased likely would have provided to their family if the wrongful death hadn’t occurred

The purpose of these damages is to ease the financial burden on the surviving family and help them move forward after the tragedy.

How Long Do You Have to File a Wrongful Death Claim?

In Texas and in general, you have two years from the date of death to file a wrongful death claim. This time limit is known as the statute of limitations. If you fail to file the claim within this period, you will lose your right to seek compensation altogether.

Keep in mind, there are exceptions to the two-year statute of limitations. It could be shorter or longer than two years. For example, if the wrongful death involved fraud or a criminal act, the court may extend the deadline. On the other hand, if the claim is based on medical malpractice, there can easily be less than two years available to file the claim. Consulting with a personal injury attorney can help you determine if any exceptions apply to your case.

Contact Springer Lyle & Dameron

At Springer Lyle & Dameron, we understand the emotional and financial toll a wrongful death takes on a family. Our experienced attorneys will guide you through every step of the legal process with care and sensitivity, ensuring that your rights are protected and that you receive the compensation you deserve. Contact us today at 940-370-4033 to schedule a free consultation.