When you find yourself searching for a wrongful death attorney near me – it helps to start by knowing a few basics.
Wrongful death cases in Texas are filed on behalf of the family surviving the death of their loved one here in Denton, Fort Worth, Dallas or anywhere in the State of Texas where we cover. If your wrongful death case was outside Texas such as in Arkansas, you may want to find the best wrongful death attorney that covers that area.
A parent, child or spouse has two years to file a claim to be compensated for their mental, emotional, physical and financial loss of a loved one at the fault of another person or organization.
The cause of death could be an 18-wheeler wreck, drunk driver crash, medical malpractice or death from a dangerous condition in a grocery store, for example. If your loved one would have survived and been able to sue, for their own damages, you can sue in their place for the amount they may have recovered in addition to your personal wrongful death damages.
Who may file a lawsuit for wrongful death in Texas?
Wrongful death cases in Texas may be filed by the surviving spouse, the children and the parents of a deceased person within two years of the death. A family member with the right to sue may file their claim individually or together as a group. Siblings, however, may not file a wrongful death suit because they are not allowed to do so by Texas law.
What are the damages involved in a wrongful death suit?
The amount of money damages you seek for wrongful death cases in Texas should compensate the spouse, children or parents of the deceased. The award of money damages compensates for personal and financial loss. When your loved one dies at the hand of another, you lose out on that person’s assistance of income, companionship, love and affection, assistance raising a family, and their general value as an important person in your life. Your loss has value and can only be compensated by money.
You may also be able to file a claim for survival damages.
Survival damages may also be available in wrongful death cases in Texas. This means the damages your loved one could have recovered if they were alive today to file a lawsuit for the actions and negligence that was the cause of the incident that ultimately resulted in their death. Surviving spouses, children and parents may sue to recover those survival damages.
Wrongful death lawsuits must be filed within two years of death
The statute of limitations for wrongful death lawsuits in Texas is two years from the date of death. That means that your case must be filed within that period or it can be dismissed. There are possible but rare exceptions. Your Denton wrongful death lawyer needs time to investigate your case and make a proper claim within the statute of limitations so it is important not to delay in hiring an injury attorney.
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