Who Can File a Wrongful Death Suit?
If you are a Houston resident who is considering filing a wrongful death case, you may have some questions about the process. First off, you will want to know who exactly can file one of these lawsuits in the state of Texas.
Texas state laws allow spouses, children, and parents to file wrongful death lawsuits. Furthermore, there is not one relative specifically who is required to file the claim, or oftentimes, a combination of these relatives will decide to file together in a joint claim. It is also important to note that even if a child is over 18, they can file a suit in relation to their parent’s death.
Laws in Texas also permit an executor of the deceased’s estate to file a wrongful death claim if the relatives mentioned above have not filed a claim within the first three months after the deceased’s date of death. Sometimes, however, this rule will be blocked if a spouse, child, or parent says that they do not wish an executor to have this right. Finally, keep in mind that grandparents, siblings, and other relatives of the deceased are never permitted to file wrongful death claims in the state of Texas.
Compensation for wrongful death suits in Houston, Texas usually have to do with the following:
- Mental anguish for the pain and suffering of losing your family member
- Financial losses, such as that from the earning capacity, support, services, and counsel that the deceased would have been able to provide
- Inheritance loss
- Loss of positive comfort, love, and companionship that your family member provided
When filing a wrongful death suit, eligible family members must prove that their loved one’s death was caused by the wrongful act(s) of the defendant in the case.
Contacting a Houston Wrongful Death Attorney
If you are a child, spouse, or parent of someone who was killed in a wrongful death accident in Texas, you may be eligible to file a wrongful death claim and seek compensation for this unfortunate situation that you find yourself in. However, it’s important to remember that filing a claim like this is not at all easy.
To help you and your family during this difficult time, you will want to contact a Houston wrongful death attorney as soon as possible to seek help with the complicated legal process. There are also statutes of limitations to consider. These are time limits that you must abide by; there is a maximum number of months after the death of your loved one during which you must file your case.
A reputable Houston wrongful death attorney can guide you through all of this and help you deal with the most difficult aspects of these claims. Contact a local attorney today to make an appointment.