Losing a loved one is an emotionally challenging experience, and when that loss is due to someone else’s negligence or wrongful actions, the pain is compounded. In Texas, families who have lost a relative due to such circumstances may have the option to pursue a wrongful death lawsuit. Understanding the qualifications for initiating such legal action is essential during these trying times. Here’s what to know about the qualifications of a wrongful death lawsuit in Texas.
Wrongful Death in Texas
In Texas, a wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. This legal avenue allows surviving family members to seek compensation for the losses they have endured as a result of the wrongful death.
Which Family Members Qualify?
Not everyone is eligible to file a wrongful death lawsuit in Texas. Generally, the immediate family members of the deceased, including spouses, children, and parents, have the right to pursue a claim. Adopted children and adoptive parents may also have standing, and in some cases, extended family members may be eligible.
Establishing Liability
To qualify for a wrongful death lawsuit, it’s crucial to establish liability. This involves demonstrating that the death occurred as a direct result of the defendant’s wrongful actions or negligence. This can include situations such as car accidents, medical malpractice, workplace incidents, or intentional harm.
Statute of Limitations
In Texas, there is a statute of limitations for filing a wrongful death lawsuit. Generally, the claim must be filed within two years of the date of the deceased person’s death. Failing to meet this deadline may result in the loss of the right to pursue legal action.
Damages and Compensation
Surviving family members may seek various types of damages in a wrongful death lawsuit, including financial losses, such as medical expenses and funeral costs, as well as non-economic damages like emotional pain and suffering. Understanding the types of damages available is essential when seeking fair compensation.
The Attorneys at Rochelle McCullough Help Those in Dallas Whose Loved One Was Wrongfully Killed
Initiating a wrongful death lawsuit is a difficult decision that often follows a devastating loss. Understanding the qualifications and key aspects of such a lawsuit in Texas is vital for those seeking justice. If you believe you meet the criteria for a wrongful death claim, it’s essential to consult with a skilled attorney who can provide the guidance and support needed during this challenging time. Remember, you are not alone in your pursuit of accountability and justice for your loved one.
The lawyers at Rochelle McCullough are committed to helping those who have lost a loved one due to negligence or recklessness. We can help to fight for your rights. Your pursuit of justice is our priority. To schedule a consultation, contact us today.