According to Texas Statutes section 71.001, an action for
wrongful death may be brought if the “wrongful act, neglect, unskillfulness, carelessness,
or default” of one party causes the death of another party.
In Texas, the surviving spouse, children, and parents of the deceased individual
may file a wrongful death claim. According to Texas’ statute of
limitations, a wrongful death lawsuit must be filed within
two years of the deceased person’s death.
One individual may file the claim alone, or a group of the eligible individuals
may elect to file it together. However, if the surviving spouse, children,
and parents do not file a wrongful death claim
within three months of the date of death, the personal representative or executor of the deceased individual’s
estate may file the claim instead. While adult and adopted children are
allowed to file wrongful death claims over the death of a parent, the
law does not allow surviving siblings to file a wrongful death claim for
the loss of a brother or sister.
The following are the damages in a Texas wrongful death case that the surviving
family members can recover:
- Lost earning capacity
- Lost care, support, services, maintenance, and counsel the deceased individual
would have provided
- Lost inheritance
- Lost love, comfort, companionship, and society
- Pain and suffering
- Punitive damages
The Stewart Law Firm, PLLC, we committed to helping surviving families pursue the justice they deserve.
With decades of experience, our Austin wrongful death lawyers possess
the comprehensive knowledge of Texas
personal injury law to help you navigate through the intricacies of the legal system.
Contact us and request a
free consultation today.