Wrongful Death Claims
As per Texas law, wrongful death is a claim that may be brought by those who have survived the deceased. The idea is to compensate them for certain losses sustained due to the death of their family member. The wrongful act that caused the person’s death can be intentional, reckless, or even negligent. The important part is that the deceased would have had cause for a personal injury case, had they survived. The best way to determine this is to hire a wrongful death attorney.
Who Can File a Wrongful Death Claim
There are certain types of claimants who may bring a wrongful death claim. This is referred to as standing. In brief, the surviving spouse, children, and parents of the deceased may bring the wrongful death action. Yet, if none of these individuals have begun the action within three calendar months after the death of the injured individual, their executor or administrator may bring and prosecute the action, unless requested not to by all those eligible individuals.
Types of Damages in a Wrongful Death Claim
In a Texas wrongful death claim, there are various types of damages recoverable by the deceased’s children, spouse and parents. The deceased’s parents, for instance, may recover from the loss of companionship, and also for mental anguish. If the deceased was a minor, the parents may be entitled to recover for the loss of value of the child’s services. The deceased child’s parents may also recover the value of any future financial contributions that the child may have expected to provide his or her parents.
As for the surviving spouse, he or she may be entitled to damages due to the loss of companionship. Also, the spouse may be entitled to damages from mental anguish due to the loss of their partner. Additionally, the surviving spouse may be eligible for financial contributions that he or she probably would have received, had their spouse lived.
Lastly, as for the surviving child of a deceased parent, he or she may be entitled to damages due to their loss of companionship. He or she may also be entitled to damages from mental anguish caused by their parent’s death. Damages are also there for the reasonable value of contributions and services that the parent would have rendered had he or she lived.
Statute of Limitations
Per Texas’ Statute of Limitations, a claim for wrongful death must be filed within two years of the individual’s death. It is critical to adhere to this rule. If you fail to file the wrongful death lawsuit within two years of decedent’s death, you are most likely barred from doing so.
Take Action for your Case – Hire a Wrongful Death Attorney
Are you the spouse, parent, or child of a now deceased person capable of bringing a wrongful death claim? You should hire an experienced wrongful death attorney to ensure you are justly compensated. Such an attorney can be found at the office of Pastrana & Lee. We serve the El Paso area and can help you today.