What should I know about wrongful death in TX?

What should I know about wrongful death in TX?

| Sep 8, 2020 | Firm News

Dealing with the death of a loved one is always a difficult experience, no matter what the circumstances surrounding it are; however, if you can link the reasons behind that death to the negligence of a third-party the process is much worse. This situation is the basis of a wrongful death suit.

Wrongful death suits relate to personal injury lawsuits in that in the event that the deceased survived the incident, he or she would file a personal injury lawsuit. Since the deceased can not do this, survivors have the right to a wrongful death lawsuit. If filing a wrongful death suit in the state of Texas is of interest to you, understanding the statutes of limitations and who is eligible to file is paramount, according to FindLaw.

What is a statute of limitation?

A statute of limitation defines the length of time a potential plaintiff has to make a case. Concerning wrongful death lawsuits in Texas, plaintiffs have two years from the date of the person’s death to file. However, sometimes the courts will extend the statute of limitation, depending on mitigating circumstances.  

Who can file for wrongful death in Texas?

Only certain individuals can file a wrongful death suit in Texas. These persons include: the parents of the deceased, the children of the deceased, the spouse of the deceased or a representative of the deceased’s estate.

Depending on the particular situation, a plaintiff may recover compensation for several losses. These may include losing companionship and financial support. Wrongful death can also address the mental anguish of survivors, and help pay medical bills or burial costs.