Losing a loved one as a result of negligence will impact your family for life. Texas law allows specific family members to seek compensation to recuperate the financial losses they may experience due to a loved one’s death. While money is never a replacement for the loss, it provides a financial avenue to move forward.
The Mejia Law Firm believes in your right to seek the maximum compensation for your loss. By establishing a solid case, we stand ready to pursue a fair settlement with the insurance company or a favorable verdict in the courtroom on your behalf. In this post, our team explains Texas wrongful death damages and how we can help your family recover after a loss.
Who Can File a Wrongful Death Claim in Texas?
Texas law allows for specific family members to file a wrongful death claim for the preventable death of your loved one through civil action. In Texas, only a spouse, the deceased’s children, or the parents of the deceased have the right to file a wrongful death claim. Family members may choose to file a joint claim or file separately.
In the event the legally eligible family members have not filed a wrongful death claim within three months of the date of death, the executor of the deceased’s estate may do so on their behalf. Eligible family members may also jointly request that an executor not file a wrongful death claim.
How Long Do I Have to File a Wrongful Death Claim?
The Texas statute of limitations allows two years from the date of death to file a civil action. However, exceptions apply in cases where the plaintiff is a minor, the negligence is concealed, or a disability prevents you from filing within the limits. For example, if you are incapacitated in the accident causing your loved one’s death and cannot file within the legal time frame, then the limits may extend beyond two years.
It’s vital to speak with a wrongful death lawyer as soon as you suspect negligence regarding your loved one’s death. Filing a claim with the insurance company differs from filing a civil lawsuit. If you wait too long to consult with a personal injury attorney, you may lose critical evidence or be barred from pursuing legal action.
Possible Damages in a Texas Wrongful Death Claim
You may potentially seek three types of damages in a wrongful death claim in Texas. Because the damages available to you and your family are specific to your claim, it is always in the best interest of the parties filing a claim to know their options.
While insurance companies are responsible for your compensation in most instances, their role is not to maximize your settlement. A wrongful death attorney with The Mejia Law Firm will comprehensively review your claim to seek the highest compensation possible for these damages in a Texas civil action based on your losses.
Economic Damages
These compensatory damages are for your family’s financial losses resulting from your loved one’s death. Though it is a more straightforward process to calculate these damages because they have a specific dollar amount, a Texas wrongful death lawyer will strive to account for all the following losses to you, including:
- Funeral and burial costs
- Your loved one’s medical care expenses
- Loss of income and future support, such as your family member’s income and benefits
- Loss of inheritance
- Loss of household services by your loved one
Non-Economic Damages
Quantifying these intangible losses is more challenging and often overlooked by the insurance company. However, these losses are impactful. These damages may include:
- Loss of companionship and emotional support
- Loss of guidance
- Loss of intimacy
- Mental anguish and emotional distress resulting from loss
- Pain and suffering of your loved one before death
Exemplary Damages
Commonly referred to as punitive damages, this form of compensation serves as a punishment for actions leading to death committed with the intent of fraud, malice, or gross negligence. Typically, a trial jury awards exemplary damages. While these awards are rare, your attorney can request them if you have clear and convincing evidence of malice, fraud, or gross negligence.
Are There Limits for Seeking Damages in a Wrongful Death Claim?
No limits exist on economic damages in a Texas wrongful death claim because they serve to compensate for the defined financial losses you experience. Other compensatory damages are determined separately and have no limits on the amount you may recover in wrongful death claims other than malpractice.
In verdicts awarding exemplary damages, they may not exceed the amount of $200,000 or amounts greater than two times the amount of economic damages plus an amount equaling the award for non-economic damages by a jury and not to exceed $750,000.
Factors Influencing Wrongful Death Damage Calculations
Every wrongful death case will have factors specific to the events of an incident that impact the determination of damages. The Mejia Law Firm takes pride in our attention to detail in every client interaction while determining the factors in your claim.
Your Loved One’s Age and Life Expectancy
Your Loved One’s Age and Life ExpectancyWrongful death cases involving the loss of a younger family member may result in the awarding of higher damages than if your loved one is more mature. One of the potential economic damages is the loss of future income. Losing a younger spouse or parent creates a more significant financial loss when considering future income than individuals at retirement age or who have already reached the retirement milestone.
Their Financial Contributions to the Family
Your loved one’s financial contributions, including income and earning potential, are vital in determining economic damages. Their wages, retirement savings, and other benefits will be significant considerations. These damages should account for any financial resources your family would receive had your loved one survived.
Familial Relationships
Each family member eligible to file a lawsuit will have a different relationship with the deceased. Considering each party’s dependency levels and the support they require will also factor into determining damages. The types of support available and the amount of damages may vary depending on each individual’s relationship with their loved one.
Events Leading to Wrongful Death in Texas
The degree of negligence or the conduct of a negligent party will also play a role in determining your compensation. Intentional or malicious acts may lead to more significant financial compensation. Acts that warrant exemplary damages may increase the damages you receive while serving to prevent similar actions by others. Factors impacting exemplary damages include:
- The nature of the negligent act
- The character of the defendant’s conduct
- The degree of responsibility of the negligent party
- The situation and the defendant’s emotions during the negligent act
- The offensiveness to public justice and propriety
- The negligent party’s net worth
Do You Have a Texas Wrongful Death Claim?
Speak with the Houston wrongful death attorneys at The Mejia Law Firm, who can explain if you have a possible wrongful death claim and your legal options. Our services are available on a contingency basis when we take your case, requiring you to pay only when we secure a settlement. Decades of experience make our firm your choice when the relentless pursuit of compensation with compassion for your needs is your first priority.