We all want our loved ones to live out long, happy lives and to hopefully pass away peacefully. Sadly, all it takes is one medical mistake or a tragic car crash to cause the untimely death of someone we care about. When this happens, it is important to learn more about the possibility of filing a wrongful death lawsuit.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a type of personal injury claim. Basically, if your loved one’s death was caused by the negligence of another, and but for that negligence the death would not have occurred, and you have suffered financially due to the death, you might be able to pursue a wrongful death lawsuit. Medical malpractice and motor vehicle accidents are two situations when, depending on the circumstances, a wrongful death lawsuit may be appropriate.
Texas law limits who can file a wrongful death lawsuit. In general, only the deceased’s spouse, children, parents or a representative of the deceased’s estate can file a wrongful death lawsuit.
What damages can be pursued in a wrongful death claim?
The plaintiff to a wrongful death lawsuit can seek damages for loss of financial support, loss of companionship, mental anguish, medical bills and funeral costs. It is important to note that if you wish to pursue damages for the deceased’s losses, such as pain and suffering, you must file a separate lawsuit known as a “survival claim.”
Do not wait too long to file your wrongful death claim. In Texas you only have two years from the time of the date of your loved one’s death to file a wrongful death lawsuit, although there are some limited exceptions. Ultimately, a wrongful death lawsuit may help you obtain the financial resources you need during a difficult time in your life.
