Wrongful Death FAQs
What is a Wrongful Death Lawsuit?
In a Wrongful Death lawsuit, family members can hire a personal injury lawyer to seek compensation and hold the negligent party responsible for the accident and the loss of the loved one. The Compensation recovered may be available to cover Loss of relationship (companionship), Hospital and medical bills, Funeral costs, Loss wages (loss of earning capacity), loss of business, and mental health treatment.
Who Can File A Wrongful Death Suit in Texas?
Texas Law limits who is able to file a wrongful death lawsuit. Only the following individuals can a file a Wrongful Death Suit:
- Spouse of the deceased
- Parents of the deceased
- Children of the deceased (Those who are naturally born to or adopted by the decedent)
Wrongful Death VS. Survival Actions
In Texas when a person passes away as a result of an accident, that person retains the same rights to file a civil lawsuit, just as they could have in the event that they had lived. The action of filing a wrongful death lawsuit is brought forward by surviving loved ones, legal representatives, and the directors of the deceased’s estate.
In survival action, offended parties may sue for the pain and suffering the perished experienced before their passing, medical bills that incurred resulting from their accident, lost wages, and property damage. In the case that the claim goes in favor of the offended party (the plantiff) compensation will go to the deceased’s estate to be distributed amongst the heirs.
If I file a wrongful death claim, what do I have to prove to get compensation?
First you have to prove that you are a statutory recipient of the individual who is deceased. Statutory recipients include parents of the deceased, Children of the deceased (Those who are naturally born to or adopted by the decedent), and spouse of the deceased. Second that the defendants’ wrongful act or negligence caused the deceased person’s passing.
How much will it cost to hire a Wrongful Death Lawyer?
Attorney Tom works off a 40% contingency fee. A contingency means you don’t owe us any money unless we win for you, this is pretty standard for the state of Texas. If you have any questions regarding this, please give Attorney Tom a call and his staff will be happy to answer any questions you may have.
Timing is Crucial
There is a limited amount of time to file a lawsuit. It is advisable to speak to an attorney as soon as possible to ensure that your interests are protected and your full scope of legal options are still available.
Contact Attorney Tom Today
If you have lost a loved one due to a tragedy of someone else’s doing contact Attorney Tom today at anytime to talk about your case. Attorney Tom and his legal staff will be more than happy to assist you in any way possible. Call us today anytime at (713) 244-6363.
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