In Texas, a wrongful death is one that happens because of another’s wrongful act, carelessness, neglect, or unskillfulness. Wrongful death claims often arise from the same circumstances as personal injury claims, except that the victim did not survive his or her injuries. While many different things could lead to a wrongful death claim, most cases have certain elements in common. The following are some signs that may point to a wrongful death case in Texas. When in doubt, contact an attorney to discuss your situation.
How to File A Wrongful Death Suit
Texas Statutes Section 71.004 lists the parties who have the right to bring wrongful death claims in the event of someone’s death. You cannot file wrongful death for just anyone’s fatal accident. If you plan to file a wrongful death claim, the deceased individual must have a qualifying relationship to you. If your spouse, child, or parent died in a questionable accident, you will likely have the right to file a wrongful death case. Otherwise, you must be the administrator or executor of the estate to bring the claim. If a family member died in an accident, you can move onto the next element.
A Serious Mistake
You might have a wrongful death case if an investigation of your loved one’s death uncovers a serious mistake, omission, or act of carelessness on someone else’s part. For example, if the investigation shows a car accident happened because a driver was texting and driving, this is an act of negligence that could give surviving family members grounds to file a claim. Mistakes or omissions from product manufacturing companies, doctors and hospitals, drivers, property owners, and employers should all be red flags for wrongful death claims.
A Criminal Act
Acts of violence or criminal intent can result in wrongful death claims. In Texas, surviving family members can bring wrongful death claims for the homicide or crime-related death of a loved one during an ongoing criminal investigation or trial. The criminal case will assess penalties against the offender, while a civil case could result in financial compensation for your family. Criminal acts will almost always give grounds for wrongful death claims, as they involve someone’s wrongful act. Families may also be eligible for punitive damages in these types of cases.
A Death on the Job
According to the Occupational Safety and Health Administration, 5,190 workers died on the job in 2016. Fatal accidents in the workplace may not always give families the right to wrongful death claims, but they will if someone else’s negligence caused the accident. Your attorney can hire an investigator to discover the cause of your loved one’s death. If you find an employer, coworker, contractor, equipment manufacturer, site manager, or property owner contributed to the circumstances that ultimately killed your family member, that party may be liable for the death. Employers are responsible for keeping employees safe while at work.
A Fatal Auto Accident
A not-at-fault auto accident fatally wounding a loved one is also a common sign for a wrongful death case. In these cases, the odds are high that the at-fault driver caused the crash through some wrongful act, such as speeding, drunk driving, drowsy driving, texting and driving, or failing to yield the right-of-way. If not, an automaker could be liable for a defective or dangerous vehicle or part that caused the injuries, such as a malfunctioning seatbelt. Identify the cause of the fatal accident to discover whether you have a wrongful death case.
Recent Passing
Finally, you can only file a wrongful death suit if you lost the loved one recently. In Texas, you only have two years from the date of a family member’s death to bring the claim. If you’re outside this timeframe, you likely lost your right to file, but some exceptions may apply. Contact a wrongful death lawyer as soon as possible to make sure you don’t miss this deadline.
