It is a tragedy beyond measure that one of your own should be taken away. When the death of a loved one is a death caused by the thoughtless, careless or intentional wrongful act of another person or corporation, the emotional devastation is multiplied by overwhelming financial uncertainty. Following such a great loss, having to sue someone is probably the last thing you want to think about. Nevertheless, one of the most important steps to secure the future of your family and make the people who violated the rules responsible is to find a devoted lawyer specializing in wrongful death cases in Texas.
At Jones and Koch Law Firm, we know that financial compensation no matter how much it may be, can never replace the person you have lost. But a successful wrongful death claim can help give the resources your surviving family needs to help cover unexpected costs and put up with the rough road ahead. This all-inclusive guide will discuss the finer points of the Texas law, clarify just who is qualified to file wrongful death actions, and how our law firm is able to fight to achieve the justice your family deserves.
Understanding the Texas Wrongful Death Lawsuit
Under Chapter 71 of the Texas Civil Practice and Remedies Code, a wrongful death occurs when a person’s demise is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another individual or entity. When this happens, a death lawsuit—specifically a Texas wrongful death claim—allows specific surviving family members to step into the shoes of the deceased person and seek damages that the deceased could have pursued had they survived their injuries.
It should be noted that a wrongful death case is a civil proceeding, and has nothing to do with any criminal charges that the State of Texas might have against the defendant. Although a drunk driver can be taken to prison, you will still be required to complete wrongful death lawsuit paperwork in a civil court in order to recover financial losses sustained by your family because of a drunk driver.
Who Can Legally File a Wrongful Death Claim in Texas?
A common question we hear during a free consultation is: Can anyone file a wrongful death lawsuit? The answer is no. Texas law is highly specific regarding who possesses the legal right to file wrongful death claim actions.
The right to file wrongful death claims is limited to the surviving spouse, children (including legally adopted children) and parents of the deceased. These are the spouse children parents, and they can make a claim which is acknowledged by the Texas courts, either as individuals or in groups.
Unless all persons entitled to do so request the death claim not be pursued, the executor or administrator of the estate of a deceased may within three months after the death wrongful incident, file wrongful actions either on his own behalf or on behalf of the estate, unless all persons entitled so to do expressly request that the death claim not be pursued. Interestingly, the legal standing of the siblings, grandparents and unmarried partners is not good enough to bring about a death lawsuit that is recognized by Texas.
Investigating the Common Causes of Fatal Accidents
Under the larger umbrella of our practice areas personal injury law, when investigating fatal incidents, one must be meticulously accurate in his attention to detail. Negligence can occur in many tragic ways, and as a long time wrongful death law firm, we are well-positioned to take on complex death cases that occur as a result of many tragic events.
Often, a wrongful death case begins as a severe injury that ultimately proves fatal. For example, victims of massive commercial truck accidents, horrific auto accidents, or violent motorcycle accidents may initially survive but later succumb to a traumatic brain injury, severe burn injuries, or catastrophic spinal cord trauma.
We regularly take negligent persons to task in death claims involving:
- Motor vehicle accidents, such as the most serious accidents known as car crashes and accidents known as truck collisions due to fatigued or intoxicated drivers.
- Tragic accidents pedestrian disaster where vulnerable people are hit on crosswalks.
- Construction accidents and workplace disasters that cause fatalities in refineries or industrial plants.
- Premises liability failures, such as a fatal slip fall from an unsecured height or due to negligent security leading to a fatal sexual assault.
- Medical malpractice where healthcare providers fatally breach their standard of care.
- Defect products which prove disastrous and bring about life threatening damage.
Whether we are dealing with wrongful death cases that arose as a result of accidents that motorcycle riders have to face or a massive truck accident multi-vehicle pileups wrongful death case, our wrongful death attorneys will then consult with some of the best accident reconstructionist who will then help us build an undeniable death claim that Texas juries will comprehend.
Calculating Damages: What is Your Family Owed?
In bringing wrongful death claims, the aim is to bring about a complete death damages on the survivors. A seasoned wrongful death lawyer will vigorously seek not only economic damages, but also non economic damages.
Economic damages can be considered as quantifiable financial losses that are the result of the loss loved ones are experiencing. This includes:
- Medical bills incurred from the time of the injury until the time of death.
- Funeral burial and cremation expenses.
- The loss of the deceased’s expected earning capacity, future income, and employment benefits.
- The financial value of the goods and services the deceased would have provided to the family (such as childcare or home maintenance).
Non-economic damages compensate for the profound emotional and psychological toll, including:
- Pain suffering and mental anguish experienced by the survivors.
- Loss companionship, consortium, love, and comfort.
- The loss of inheritance.
Another case that the Texas courts can award punitive damages is in rare cases of wrongful death through gross negligence or wilful malice such as an accident caused by a repeat drunk driver. They are not only meant to compensate the family, but also to severely punish the offender and to deter the same in the United States.
The Legal Process and the Statute of Limitations
The legal procedure of filing wrongful death lawsuit paper work is replete with rigid time lines. This Texas statute time limit on wrongful death claims is usually two years following the date of the person death. Unless you officially file wrongful death lawsuit Texas courts need to file within this time period, your family is likely to be permanently barred to recover any compensation.
Moreover, corporate insurance companies have gained a bad reputation in that they roll out rapid-response teams as soon as a deadly event occurs. Their aim is to talk to witnesses, collect evidence, and create a defensive that would allow them to reduce the amount of financial they would have to pay even before you have the time to mourn. In order to even the playing field, you would need to employ wrongful death lawyers who are capable of providing preservation letters at once to preserve critical evidence.
Why Choose Jones & Koch Law Firm?
When searching for a “wrongful death attorney near me,” you need a legal team with a proven track record of taking massive corporations and their insurers to trial. You need lawyers that handle wrongful death exclusively with the gravity and aggressive advocacy it requires.
Our accident lawyers and death attorneys at Jones and Koch Law Firm do not simply file the files, we take the time to know the unique dynamic of your family and the real impact of your loss. Our Texas wrongful death lawyers are well-versed in the local courts, as well as the local defense attorneys with whom they have practiced extensively. Being either in need of a Houston wrongful death attorney or an attorney to represent you in a fatal accident case, our death lawyers are available to help navigate the confusing overlap between our areas personal injury experience and litigation of fatal accidents.
Frequently Asked Questions (FAQs)
Can anyone file a wrongful death lawsuit in Texas?
No. Texas law strictly limits the right to file to the surviving spouse, children, and parents of the deceased. If these individuals do not file within three months, the executor of the estate may do so, unless the family specifically requests otherwise. Siblings and extended family members cannot file.
How long does my family have to file a wrongful death claim?
In Texas, the statute of limitations is generally two years from the exact date of the victim’s death. There are very few exceptions to this rule, making it critical to consult an attorney as soon as possible to begin the investigation.
How much does an experienced wrongful death lawyer cost?
At Jones & Koch Law Firm, we work on a contingency fee basis. This means we offer a completely free case evaluation and you pay absolutely no upfront fees. We only collect a legal fee if we successfully recover financial compensation for your family.
Will our case have to go to trial?
Not necessarily. Many death lawsuits are settled out of court through aggressive negotiation with the insurance company. However, our attorneys prepare every single case as if it will go before a jury. This trial-ready approach forces the defense to take your claim seriously and often results in maximum settlement offers.
Contact a Texas Wrongful Death Attorney Today
Dealing with the sudden loss of loved ones is the most difficult experience a family can face. You should not have to navigate complex civil litigation, aggressive insurance adjusters, and mounting financial pressures alone.
