January 26, 2017 · FLEMING | NOLEN | JEZ, L.L.P.
While any injury-causing incident can be devastating, when something more serious happens to one of our loved ones, it can be a life changing experience. This happens more often than we would like. When someone you love is fatally harmed as the result of someone else’s negligence, Texas laws afford various legal actions depending on the circumstances involved. One action that you may consider is filing a wrongful death lawsuit.
Before you file a wrongful death case, you should understand the various laws and restrictions.
Who Files a Wrongful Death Case
Texas law limits the parties who are be eligible to file a wrongful death lawsuit. Those eligible to file a wrongful death case include the decedent’s surviving spouse, surviving children, and surviving parents. These parties typically file a lawsuit together against the responsible parties.
Damages That May Be Available
The loss of someone in a wrongful death case may make the surviving family members eligible for both economic and non-economic damages. This includes lost earning capacity, lost inheritance, lost income, lost companionship and love, and pain and suffering. In some cases, there may be punative damages available which may be awarded when the wrongful death was caused by another party’s willful act or wanton disregard for safety.
In the state of Texas, the parties eligible to file a wrongful death lawsuit have two years from the date of the death to begin the process. However, your best option is to speak with skilled legal representation who can help you understand every aspect of a wrongful death case so you’re prepared every step of the way.
Fleming | Nolen | Jez, L.L.P. represents clients nationwide who are enduring the difficult struggles of losing someone they love. We understand how serious this situation is and our Texas wrongful death attorneys can help. You deserve strong advocacy you can trust and we’re here to provide it when you need it most.
Ready to schedule your free consultation? Call us today!