Texas' Wrongful Death Statute

Wrongful Death Lawsuits

2021-03-12Law Office of Robert L. Ward

Losing a loved one suddenly in an accident is devastating. No amount of money can compensate for the depth of your loss but you still have the ability to hold the negligent party accountable. If you have lost a loved one because of another's negligence, recklessness, or carelessness, we can help you weather the storm by filing a wrongful death lawsuit.

Under Chapter 71 of the Texas Civil Practice and Remedies Code, wrongful death claims can be filed by certain parties if the death is caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation. In Texas, wrongful death claims may be filed by certain members of the decedent’s family. This includes the surviving spouse, the children, and the parents of the decedent.

You can file a wrongful death lawsuit if your loved one died in a:

  • Work accident
  • Truck accident
  • Car accident
  • Animal attack
  • Motorcycle accident
  • Medical malpractice situation
  • Catastrophic accident

Who can file a wrongful death lawsuit?

Texas wrongful death claims are governed by The Wrongful Death Act. This act declares that parents, children, and spouses can seek a wrongful death settlement on behalf of their loved one, provided they can prove that they suffered actual financial damages from their loved one's passing.

Types of Wrongful Death Compensation Available

  • Compensation for mental anguish
  • Compensation for loss of positive benefits
  • Compensation for loss of inheritance
  • Compensation for medical bills
  • Compensation for loss of services
  • Compensation for funeral expenses

These are only a few of the many different damages that are available to victims of a wrongful death claim. You need to prove that you had financial standing in the case and that you lost money in some way or another in order to secure the compensation you deserve.

Proving You Deserve Compensation

Wrongful death claims are unique because the individual who is suing is not the actual victim of the incident. To prove that you deserve compensation in a Texas wrongful death claim, you will need to prove that:

  • You are a statutory beneficiary of the person who was killed (this means you are either a child, spouse, or parent)
  • The defendant's wrongful act caused the death
  • You have financial standing in the wrongful death case and deserve compensation for your loss
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