A member of my family has been killed in an accident. What legal options do I have?
In Texas, the dependents and beneficiaries of someone who has been killed in an accident are entitled to seek compensation if the death was caused by negligence or another provable liability. When a person is killed due to another's negligence or misconduct, a "wrongful death" occurs.
Wrongful death claims can arise out of the actions or inaction of a third party regardless of the specific cause. The goal of a wrongful death claim is to provide financial relief to the plaintiff and to deter the defendant from inflicting further harm on others.
Is there a state law about wrongful death?
The state law that grants this right to seek compensation is known as the Wrongful Death Statute, included in Chapter 71 of the Texas Civil Practice and Remedies Code. In order to meet the legal criteria of wrongful death, the following must have occurred:
- The death of a human being that was caused by another's negligence or wrongful act;
- The victim would have been entitled to bring an action for the injury if he or she had lived;
- The victim is survived by family members who have suffered actual injury in the form of monetary loss, mental anguish, loss of companionship and society, and loss of inheritance.
The victim's estate may also be entitled to file a survival action against the person or company responsible for the death. If you have lost a loved one because of the mistakes or negligence of another person or company, you deserve to work with a law firm that has the experience and knowledge necessary to get you the compensation you deserve.
Are there any time limits on bringing a claim?
Important limitations govern wrongful death claims in Texas. Chiefly, claims must be filed within two years of the date of death. However, waiting this long is not advisable. Because claims become more difficult to investigate as time passes, consulting a wrongful death attorney as soon as possible after a wrongful death occurs will increase the chances of successfully pursing a favorable outcome.
Why should I file a wrongful death claim?
Wrongful death claims serve not only as a means for families to receive the compensation they deserve, but also to prevent the responsible parties from harming other individuals.
If a member of your family has died as the result of negligence, do not delay. The Wyly Law Firm in Houston, Texas is ready and able to support you through the legal process while providing you with excellent representation. Monetary damages that may be claimed in a wrongful death case or survival action include:
- Medical, hospital, funeral, and burial expenses;
- Compensation for any pain or suffering experienced by the decedent between the time of injury and death;
- Loss of the decedent's financial support;
- Reimbursement for any future services normally provided to the survivors by the decedent;
- Loss of the decedent's parental training and guidance;
- Loss of the decedent's society and companionship; and
- Reimbursement for any punitive damages if the defendant's acts are found to be grossly negligent.
The Wyly Law Firm, P.C., based in Houston, handles cases in Houston and the surrounding communities, including Harris County, Beaumont, Baytown, Galveston and Pasadena. The firm also handles business law issues and disputes.
Attorney Brad T. Wyly, the founder of the firm, is a skilled negotiator and trial lawyer. Wyly has extensive experience in personal injury cases, including claims involving complex accidents, catastrophic injuries and wrongful deaths. He was named a Rising Star in Law & Politics magazine in 2005, 2006 and 2012. To contact Wyly Law Firm, P.C., call 713.574.7034, or reach the firm through our online contact form.
