Texas state law limits which family members have the right to pursue a wrongful death lawsuit on behalf of a decedent. According to Section 71.004 of the Texas Civil Practice and Remedies Code, the following family members may choose to file a wrongful death claim:
- Spouses
- Children
- Parents
These surviving family members may bring the suit collectively, or one individual can take legal action for the benefit of multiple parties. In some cases, parents or grandparents may also be able to file a wrongful death lawsuit.
Although aunts, uncles, and siblings may also file lawsuits under certain circumstances in other states, Texas law explicitly states that remote relatives like these cannot file a wrongful death claim here in our jurisdiction.
The estate executor may file a wrongful death lawsuit if the deceased person was unmarried and had no children. In this post, we will have a deeper discussion about who can file a wrongful death lawsuit in Texas and other issues related to such matters.
Compensation in a Texas Wrongful Death Claim
We understand that the idea of securing compensation in a wrongful death claim can be difficult for some families. However, we want to be clear about one thing—collecting compensation in a wrongful death claim is not assigning a monetary value to your loved one’s life.
We know that no amount of money could ever begin to fully address the value of your loved one’s life. Money will not bring back their smile, their laughter, or the time that you spent together. For Texas families who have endured an unimaginable loss, a wrongful death lawsuit will never replace what they’ve lost.
Instead, a wrongful death claim seeks to address the ways in which your life has been affected by the loss of a loved one. In a typical claim, you and your family might be entitled to compensation for three different types of damages.
Economic Damages
Economic damages refer to the tangible financial losses you and your family have suffered as a result of your loved one’s death. These calculable losses may include:
- Lost income or financial support
- Funeral and burial expenses
- Medical expenses incurred during attempts at life-saving care
- Loss of future inheritance
We recommend keeping copies of all relevant financial information, including bank statements, pay stubs from your loved one’s past paychecks, and any bills or invoices you’ve received. Bring these with you when you meet with an attorney from The Mejia Law Firm.
Non-Economic Damages
Monetary losses are not the only ways your life was affected. The absence of a spouse, parent, or child can have a profoundly negative impact on your life, and it is your right to hold the at-fault party responsible for this sense of loss.
Non-economic damages compensate you and your family for the non-financial losses you’ve suffered, including:
- Mental and emotional anguish
- Loss of love, companionship, or consortium
- Loss of nurturance and guidance
For example, if you lost a spouse, non-economic damages may address the emotional support you lost in raising your children.
Punitive Damages (Exemplary Damages)
Under Texas law, punitive damages are possible in a wrongful death claim. Also referred to as exemplary damages, punitive damages are considered rare in most personal injury and wrongful death cases. they may only be awarded if the death was caused by a willful act, omission, or gross negligence.
Exemplary damages serve two purposes: to punish the wrongdoer and to discourage others from engaging in the same conduct.When a judge or jury chooses to award compensation for punitive damages, they are not doing so with any particular loss of the victim’s family in mind. Instead, it is a decision that is made to punish the liable party or to “make an example” of them.
Punitive damages are only awarded in claims where there is clear evidence that the wrongful act was committed with fraud, malice, or gross negligence. Your attorney will advise you whether the specific details of your case warrant punitive damages.
Texas Statute of Limitations for Wrongful Death
Texas state law affords a period of two years from the date of a person’s death to bring forward a wrongful death action. A lawsuit for a loved one’s wrongful death does not have to be settled within this two-year time limit—you need only initiate legal action before two years has passed.
Two years may initially seem like a long period of time, but will likely pass much faster than you can anticipate. For this reason, we do not recommend waiting to speak with a lawyer. The sooner you schedule a free consultation with The Mejia Law Firm, the sooner we can begin collecting and preserving evidence for your case.
An experienced wrongful death lawyer like ours at The Mejia Law Firm will investigate the circumstances surrounding your loved one’s death, help you identify all liable parties, and collect evidence to support your claim. We will also negotiate with insurance companies on your behalf and fight for the maximum compensation you deserve. Contact our Houston firm to schedule a free initial consultation to see if you have a valid wrongful death claim.
Should these surviving family members choose not to take action within a period of three months of the victim’s death, the executor or administrator of the decedent’s estate may bring the action on their behalf. However, surviving spouses, children, and parents also have the right to request that the executor or administrator not file this lawsuit.