Commonly, the wrongful death statute Texas refers to the law that addresses situations where a person dies due to someone else’s actions, negligence, or misconduct. The statute outlines the legal procedures and rights of the surviving family members.
Additionally, it covers the people who should receive indemnity or take action against the person who caused their loved one’s death. Thus, if you want more details, keep reading until the end!
What Is a Wrongful Death?
Basically, wrongful death happens when someone or a group doesn’t do what they’re supposed to do by law and this leads to someone’s death. When this happens, certain family members are left behind, or appointed people (custodians) to handle the deceased person’s matters can file a lawsuit.
In the lawsuit, the plaintiff needs to show some specific things as evidence, as follows, to get monetary indemnity for the loss.
- Someone or a group didn’t act carefully or did something wrong on purpose.
- Their actions directly caused the death.
- There are costs linked to death.
If these points are proven, the family members left or the custodian might get the compensation from a court. In addition, they can get an offer for indemnity from the liable who caused the death or their insurance company.
What Is a Wrongful Death Statute Texas?
Predominantly, there’s a law called Tex. Civ. Prac. & Rem. Code § 71.002 explains what a wrongful death statute Texas means. The terminology refers to a situation when someone’s actions like being careless, not paying attention, or doing something wrong cause another person to die.Â
Typically, common cases involve drunk driving, car accidents, manslaughter, negligence, assault, battery, or murder. In addition, there’s a time limit for filing a wrongful death case in Texas. Normally, it’s two years from the date of the person’s death.
Who Can Sue for a Wrongful Death in Texas?
In Texas, if someone passes away because of another person’s mistake or carelessness, certain family members can ask for compensation. The liable of the case might include drivers, doctors, property owners, or business owners.
The people who can start the process to get compensation are the spouses, kids, and parents of the casualty or victim. If the family doesn’t start the process within three months, the casualty’s custodian can also start it.
In some places, grown-up kids can’t get monetary compensation for a parent’s death. But in Texas, kids of any age can ask for indemnity when a parent dies. The law says both adopted and biological kids and parents can be part of the process.
However, adopted kids can’t claim for their biological parents if they have already claimed for their adopted parents. Brothers, sisters, and other close family members can’t start this kind of claim either.
Texas laws don’t let people in unmarried relationships ask for monetary compensation when their partner dies, even if they were separated. People in step-families who haven’t legally adopted can’t make a claim if a step-parent or step-child dies.
What Kind of Damage to Claim in a Wrongful Death Lawsuit?
In Texas, there are three main types of damages that you may claim, as follows!
1. Economic damages
Typically, it includes specific costs like funeral expenses, lost future earnings, medical bills, retirement benefits, and inheritance. In fact, this is easily calculated since they have a clear dollar value.
2. Non-economic Damages
It covers broader areas such as the pain and suffering of the deceased, emotional distress of loved ones, loss of companionship, care, guidance, and consortium. Usually, this type of damage is more subjective and challenging to quantify in terms of money.
3. Punitive Damages
This one is known as exemplary damages in Texas, they aren’t for compensating but rather punishing at-fault parties who egregiously disregarded safety rules. Rather, they aim to deter others from acting similarly in the future.
How to File a Claim for Wrongful Death Statute Texas?
Any family member who is allowed to start the process alone or with other family members who are also allowed can file a claim for this case. They must start this within two years of the person passing away to get compensation as per the law.
When everything is sorted out, the damages’ compensation will be shared among those who are allowed to get it. As a result, people can get monetary indemnity to cover things like wages the casualty would have earned.
Nevertheless, if it was really bad, a jury might grant an extra monetary amount for punishment in cases involving horrible behavior or negligence.
What Are the Limitations of the Wrongful Death Statute Texas?
Primarily, there’s also a law that arranges the limitations for the wrongful death statute Texas. Basically, you have two years since the day your family member passed away to file a claim because of their death.
If you don’t file the claim within those two years, then the claim will not be valid anymore. Sometimes, there might be a chance to file it after two years, but it’s a rare case. Moreover, if you file the claim too late, the person you’re suing from can say no.
Thus, it’s really important to talk to a lawyer about wrongful death cases quickly so you don’t miss the deadline.
When Does the Statute of Limitations Start?
The time limit for taking legal action begins when you become aware of facts supporting your claim. Typically, in cases of a loved one’s death due to an accident, the clock starts ticking from the day your family member passed away, not the day of the accident itself.
What’s the Typical Settling Amount for Wrongful Death Cases in Texas?
There’s no fixed average for settlements in Texas wrongful death cases. However, its amounts vary widely, ranging from $500,000 to $1 million or more, sometimes even surpassing $10,000,000.
The compensation depends on numerous factors like the defendant’s insurance coverage, financial status, the judge, jurors’ opinions on the case, circumstances of the death, and the damages sought. Each case is unique and needs a thorough evaluation to estimate potential compensation.
Any Questions on the Wrongful Death Statute Texas?
If you have any further queries regarding the wrongful death statute Texas or need more information about your specific situation, don’t hesitate to reach out to legal experts or local authorities for guidance.
Broadly speaking, understanding the laws and limitations surrounding wrongful death cases is crucial when seeking justice and compensation for your loss. So, stay informed and seek appropriate legal counsel to handle the process effectively!
