If your loved one has been killed in Lewisville because of another individual’s negligent or intentional actions, you may be able to sue the wrongdoer for wrongful death in Texas. Under Texas law, a wrongful death case can be pursued if the wrongful act, neglect, carelessness, unskillfulness, or default of one party causes the death of another. Some common situations in which a wrongful death case could be pursued include automobile accidents, medical malpractice cases, and accidental death cases.
There are very strict rules that govern wrongful death cases. Only certain parties can pursue a wrongful death claim in Texas. In order to be able to sue for wrongful death, the plaintiff must be a surviving spouse, child, or parent of the deceased. Any of those individuals can sue individually, or they can sue jointly. If the spouse, parents, or children of the deceased do not file a claim within three months, the estate can file a claim unless the surviving family members specifically request that the lawsuit not be filed. Siblings are not allowed to file wrongful death lawsuit in Texas. Wrongful death cases must be filed within two years of the death.
There are a number of damages that are available in a wrongful death case. Wrongful death cases are intended to compensate for losses related to the death of the decedent, so the damages that are available include compensation for funeral expenses, lost inheritance, lost earning capacity, lost care the decedent would have provided to family members, the medical expenses of the decedent, and the pain and suffering of the decedent. In some cases, punitive damages may be available, if the defendant’s actions were willful or grossly negligent. Punitive damages are intended to punish the defendant. Any damages that are awarded are divided among the surviving family members in proportion to the injury they suffered as a result of the death.
If your family member has been killed in an accident in Lewisville because of the wrongful actions of another party, call the Lewisville wrongful death attorneys at the Barber Law Firm at 972-231-5800. We can help. Call today to learn more or to schedule a free consultation.