How to Protect Your Rights in a Wrongful Death Suit
After the tragic and unexpected passing of a family member, a wrongful death claim will likely be the last thing you want to think about. However, it’s not in your best interests to delay filing a survival or wrongful death claim. To balance your legal rights with the family’s need to mourn, turn to us. We will handle all the legal problems and help your family get the compensation it deserves.
While there’s nothing like the individualized advice and support the team at kennyperezlaw.com offers, this guide outlines the most important steps for families to take when filing a wrongful death lawsuit.
Learn More About State Law
A wrongful death claim is meant to compensate a family for the loss of a loved one. However, under state law, there are strict requirements for these claims.
Eligibility is limited to certain members of the family. The state of Texas only allows certain people to file, such as spouses, biological and adopted children, and legal parents. If there are no survivors or if the family doesn’t wish to file, an estate representative may file a legal claim on behalf of the deceased.
Damages are Focused on Survivors’ Losses
When someone’s reckless or negligent conduct causes another person to die, that person’s surviving family members may have multiple legal claims. First, they might have a wrongful death claim. Second, if the person survived, even for a little while, the estate may be able to file a survival claim. While these legal claims are intertwined, they are meant to compensate for different kinds of losses.
The intent of a wrongful death lawsuit is to help a victim’s survivors recover from event-related losses. Damages can include:
- Burial and funeral expenses
- Pain and suffering
- Loss of inheritance
- Lost income
- Loss of consortium and companionship
A wrongful death claim cannot request compensation for a loved one’s pain, suffering, and medical bills. For that, the family will have to file a survival lawsuit.
How Does a Wrongful Death Claim Work in Texas?
In Texas, surviving family members have just two years to file a wrongful death claim. Though it might seem like a long time, it’s important to act as quickly as possible to investigate the death and file a claim successfully.
File a Survival Claim on Behalf of the Estate
As previously mentioned, a primary limitation of wrongful death claims is that damages are only available for the emotional and financial harm caused by a person’s death. To recover damages for the suffering, pain, and financial losses suffered by a person before their passing, a survival claim is required. Because this type of claim demands compensation for a deceased person’s losses, their family must open an estate.
What is an Estate?
The estate is a legal substitute for a deceased person, and it is tasked with the handling of the person’s affairs. To create an estate, family members must file documents with the court and choose a representative. Texas’ probate court dictates how estates are handled. To ensure compliance with the law, consider hiring a probate attorney. Your wrongful death lawyer may be able to make recommendations and coordinate the creation of an estate before the filing of a survival claim.
Call Us
Our wrongful death lawyers have a history of helping Texas families. We will also work with probate lawyers to ensure that clients can file all the claims they are eligible for. Contact us today to get the compensation and help needed to heal and move on with life.
