When you are suffering through the bereavement in the aftermath of losing a loved one, navigating the murky waters of lawsuits and damages claims can seem all but impossible. That’s why The Stephens Law Firm is here to support you in your grief, and to do what it takes to get you on the road to financial and emotional recovery.
Wrongful death claims are designed to award families a level of remuneration in proportion to the losses they have endured as a result of the death of a loved one. They also aim to hold those responsible to account. Of course, monetary damages are a poor substitute for your lost loved one, but they can provide a bit of extra financial support during this difficult time.
What does “Wrongful Death” mean under Texas law?
Basically, “wrongful death” occurs when a victim dies as a direct result of another person or organization’s negligence. Chapter 71 of the Texas Civil Practice and Remedies Code outlines the categories for wrongful death claims as “wrongful act” (meaning intentional, or malicious), neglect, carelessness, unskillfulness or default.
Texas Statute of limitations for Wrongful Death Claims
According to Texas state law, a wrongful death claim MUST be made within two years of the death of your loved one. As stated by a top-rated accidental death law firm in Houston, while there are very occasional exceptions to this rule, it is recommended that you work to this two year deadline.
Are siblings permitted to file a Wrongful Death Claim?
No, unfortunately neither biological or adopted siblings are permitted to file a wrongful death claim under Texas law.
Can I obtain punitive damages for my Wrongful Death Claim?
While compensatory damages are designed to provide a degree of recompense for both the financial and emotional losses resulting from the wrongful death, the aim of punitive damages is to hold the wrongdoer to account and to serve as a deterrent against repeat offences. In Texas, they are referred to as “exemplary damages.”
Though exemplary damages are by no means frequently awarded in wrongful death lawsuits, there is nothing to explicitly prevent them from being awarded if the death is proven to be a result of the defendant’s “willful act or omission.”
Can a Texas court handle the death of a Texas resident which occurred OUTSIDE Texas?
This depends on the individual circumstances, but it may be possible to file a wrongful death claim against a party whose behavior caused the loss of your loved one either outside of Texas or overseas.
Talk to a Wrongful Death Attorney now
Losing a loved one because of another person’s neglect or malice is never easy. It can be tricky to know what to do next, and the unanswered questions can seem to pile up around you. But if you need guidance and support with a wrongful death claim in Texas, give us a call. We will handle your case with sensitivity and compassion, and can even provide a free evaluation.