Wrongful Death Attorneys in Fort Worth, TX

However, if a wrongful death attorney believes there is sufficient evidence, then the next step is to determine who may file the lawsuit according to Texas wrongful death law.

Under Section 71.004, the surviving spouse, children, or parents of the deceased individual may bring the legal action. If you are the surviving spouse, child, or parent, then you may file the wrongful death claim. You can do so together with other family members, or you can file the lawsuit yourself. However, if none of these family members files within three months, then the executor or administrator of the decedent’s estate can file.

Who May Receive Compensation Through a Texas Wrongful Death Claim?

Texas law states a wrongful death claim is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. That means only these individuals can receive compensation through the wrongful death lawsuit settlement or court ruling.

This can be difficult for many people to hear. If you were in a romantic relationship with the decedent, you must have been married to receive wrongful death compensation. As a fiancé, live-in partner, or girlfriend or boyfriend, you are not entitled to compensation through this lawsuit. Also, other types of relatives, including siblings, grandparents, aunts, and uncles, do not receive compensation.

Wrongful death compensation in Texas can include:

• Loss of decedent’s income
• Loss of potential inheritance
• Loss of decedent’s household services
• Loss of decedent’s parental guidance and services
• Loss of decedent’s spousal services
• Loss of decedent’s care, support, companionship, and love
• If paid by a surviving family member, funeral and burial expenses
• Surviving family members’ emotional distress and mental anguish
• Surviving family members’ mental health care expenses

Under Section 71.010, a jury can award damages in an amount that is proportionate to the injury you and your loved ones have suffered due to the death. It is important to remember the compensation is for your family’s injuries—not the harm your deceased family member suffered.

Also, your case may end with a wrongful death settlement and not a jury’s decision. In many wrongful death cases, our attorneys aggressively negotiate a fair amount of compensation with the at-fault party’s insurer to settle the claim instead of going to trial. This may be the most efficient way to obtain fair compensation. However, a settlement is not always possible, in which case, we will advise you regarding the process and timeline of pursuing compensation through trial.

Another important factor regarding wrongful death compensation is that it is not subject to your loved one’s debts. When your parent or spouse passes away, there may be several debts the estate is responsible for, such as credit card debt, mortgage payments, and utilities. Your wrongful death settlement or jury award will not be used to pay those.

Additional Information About Wrongful Death Law

Punitive Damages in a Wrongful Death Claim

In Texas, you and your family may be able to pursue additional damages known as punitive damages or exemplary damages. These are not meant to compensate you for an emotional injury or financial loss. Instead, these are meant to punish the wrongdoer and discourage similar behaviors from others.

You cannot receive punitive damages when your loved one’s death is the result of ordinary negligence. Instead, you must prove that the death resulted from another person’s gross negligence, often referred to as recklessness, omission or failure to act, or an intentional act. If another individual’s recklessness or intentional misconduct caused your parent, spouse, or child’s death, speak with a wrongful death attorney about exemplary damages.

The Texas Statute of Limitations on Wrongful Death Claims

The timeframe to file a wrongful death lawsuit in Texas is not unlimited. A statute of limitations imposes a deadline on how long you have to make a claim. Typically, you have two years from the date of your loved one’s death to file the lawsuit. If you fail to file the lawsuit within the two-year-period, then your case will most likely be dismissed.

There is an exception to the statute of limitations known as the discovery rule. It is possible for you and your family to learn of your loved one’s death, but not know that their passing was the result of someone else’s wrongdoing. It may even be that the at-fault party takes steps to hide their responsibility. Or, you and your family may not learn of your loved one’s death for some time after the responsible incident. If weeks or months passed before you and your family reasonably learned you might have a legal claim, talk with a wrongful death attorney immediately. You need to determine if you have the necessary time to file.

Contact Our Wrongful Death Law Firm Today

It is imperative that you avoid talking with an insurer or someone else’s attorney without your own counsel. You could say something that harms your case, or you may be steered toward accepting a settlement that is less than what your family deserves. To improve your chance of receiving the maximum amount of compensation possible for your wrongful death claim, we recommend speaking with our wrongful death lawyers at Anderson Injury Lawyers right away.

Let us make sure you are protected, properly informed, and working towards what your family deserves. You can reach us by calling 817-294-1900. We accept calls 24/7. You also can submit your information online to set up a free, no-risk consultation.