A wrongful death claim allows certain people, mostly family members, to get compensation with a loved one dies because of someone else’s negligence. These claims have to be brought within the time limit set by state law, however, and a Katy wrongful death lawyer can ensure that your claim isn’t rejected because it fails to meet an important deadline.
Legal Deadlines for Wrongful Death Claims in Texas
The statute of limitations for wrongful death in Texas is usually two years from the date of the person’s death. It’s important to note that it is the date of the death, not the date of the accident in which the person was injured, from which the two years is calculated. Sometimes these dates will be the same, but in some cases, such as in a case of medical malpractice, it’s entirely possible that a person may die months or even years after the wrongful action. In car accidents or slip and fall cases, as well, a person may die a few weeks or even possibly months after the accident.
Lawsuits must be filed within this two-year period or the court will almost certainly dismiss the case, and it will be impossible to recover any compensation. However, there are a few exceptions to the two-year limit. If the person who is eligible to bring the claim is under 18, the two-year clock does not start running until they are 18. The claim deadline might also be extended if the negligence wasn’t discovered immediately. For example, if someone is injured by a defective product, and it is not immediately clear that the product itself was the problem, the clock would not start ticking until the date the family realized that it was the defective product that caused their loved one’s death.
Even if the deadline is extended, bear in mind that it can never be extended past 10 years from the date of death, no matter when the negligence is discovered. In every case, it’s always smart to contact a wrongful death lawyer as soon as possible. Waiting too long can we weaken your case or keep you from being able to bring it at all.
From a Katy Wrongful Death Lawyer: Other FAQ About Wrongful Death Claims
Who Can File a Claim in Texas?
Every state has its own rules about who can bring a wrongful death claim, and in Texas, only a certain family members are eligible. The spouse, children, or parents of the deceased are all eligible, and this includes adopted parents and children, provided the adoption was legally done. Siblings, grandparents, or other extended relatives are not eligible, even if they were close to the deceased. If the deceased has no spouse, children, or living parents, then the administrator of their estate can bring a claim on behalf of the estate itself.
What Damages Can Be Recovered?
There are two broad types of damages that you can seek in a wrongful death claim. The first is to cover all the quantifiable monetary losses, like the medical expenses incurred before the deceased passed away, funeral costs, and also lost income that the deceased would’ve provided to the family. You can also claim damages for emotional pain, grief, and the loss of companionship or guidance. There are some cases where the court will consider awarding punitive damages, but these are very rare. Punitive damages do not recompense the family but only punish the wrongdoer and are designed to be used only when the defendant’s actions were extremely reckless or intentional.
What’s the Difference Between a Wrongful Death Claim and a Survival Action?
Wrongful death claims are designed to compensate surviving family members for their own losses, emotional and financial. A survival action is what the family files to claim for the damages and losses of the deceased, which the deceased could have claimed had they survived. For example, say the deceased was injured in a car accident and died two months later after undergoing many painful surgeries. The deceased’s family could bring a survival action to claim the cost of all the medical bills, to cover the pain and suffering that the deceased endured during those months, and to claim for the deceased’s estate reimbursement for their loss wages between the time of injury and the time of death.
Do All Wrongful Death Cases Go to Trial?
Many wrongful death cases are settled out of court through negotiations with the responsible party and their insurance company. Settlements are very often the wise way forward because they are faster and come with a lot less emotional stress than going to trial. However, it may be impossible to reach a fair settlement through negotiation, and when that happens, an experienced attorney can tell you whether it’s a good idea to push through and take the responsible party to court.
What Are Common Causes in Wrongful Death Claims?
In general, a wrongful death claim can be brought whenever someone’s negligence or intentional action leads to the death of another person. The most common reasons that a family may bring a wrongful death claim include car accidents, particularly if the at-fault driver was drunk or otherwise impaired; medical malpractice, like surgical error errors or serious misdiagnoses; workplace accidents resulting from unsafe working conditions; and actions brought because of a defective product.
You can also bring a wrongful death claim if your loved one was killed in the commission of a criminal act, such as assault or murder. However, bear in mind that, in this case, there will also be a criminal case brought by the state which is a separate proceeding. Insurance does not cover criminal acts, so the only way to recover losses here would be to bring action against the criminal personally, and they may not have the resources to cover the claim. Talk to your lawyer about the best way forward here.
How Do You Prove Negligence in a Wrongful Death Claim?
Proving negligence in any civil lawsuit requires proving for key elements. The first key is that the responsible party must have had a duty to act in a certain way towards your loved one. The second key is that the responsible party must’ve breached that duty. In a car accident, they might have done this by speeding, running a red light, or otherwise driving recklessly. The third key is that the breach of the duty of care must be what directly caused the accident, and your loved one would not have died if not for the actions of the other person. Finally, you have to show specific damages.
Choosing the Right Attorney
For a successful claim, it’s essential that you have the right attorney. Look for a lawyer who has experience here in Texas and specifically with wrongful death cases, because these require knowledge of specific laws and the precedents set by past cases. Your attorney should also be a good communicator and able to explain difficult legal concepts to you in a way that you can understand. Look also for an attorney with a reputation for compassion.
If your loved one has been killed because of someone’s negligence or deliberate action, contact the Law Office of Shane McClelland now in Katy, TX, Sugar Land, TX, or Lincoln, NE for a free consultation on your case.