Losing a loved one in a tragic accident can be emotionally devastating to a family. On top of dealing with the grief and heartache, many families also struggle financially after a loved one’s death. Filing a wrongful death lawsuit against the parties responsible of the loss of a family member can provide the financial compensation a family needs and allow them to focus on healing.
In Texas, a surviving spouse, children, and parents of a deceased person may file a wrongful death claim if someone’s negligence or wrongful act caused their death. Generally, the family has a maximum of two years from the date of the person’s death to file their claim, but there a few exceptions.
In order to file a successful wrongful death lawsuit, the family must establish that the negligence of the other party caused their loved one’s death. In cases involving car accidents, this often means that the other driver violated traffic laws or acted negligently behind the wheel. Speeding, driving while under the influence of alcohol or drugs, and driving while distracted, are all common forms of driver negligence.
If the family can establish that they are entitled to damages, there are various types of damages they can receive. Generally, the family will recover damages for the decedent’s medical expenses, funeral expenses, lost wages, and pain and suffering.
The family can also recover damages to help them continue living without their loved one. These damages include loss of consortium, loss of companionship, emotional pain and suffering, loss of household services, and loss of earning capacity. In cases involving gross negligence or an intentional act, the family can also recover exemplary damages.
If you have lost a loved one due to another driver’s negligence, an attorney specializing in wrongful death cases can help your family recover damages.