If your loved one has been killed due to the wrongful actions of another person in McKinney, you may be eligible to file a wrongful death lawsuit. Under Texas law, an action for wrongful death can be brought if the wrongful act, neglect, carelessness, unskillfulness, or default of one party causes the death of another person.
By law, only certain people are eligible to bring wrongful death lawsuits. The surviving spouse, children, and parents of the person killed can bring the lawsuit. If they do not bring a lawsuit within three months of the death, the personal representative or executor of the estate can file the claim instead. Siblings cannot file a wrongful death lawsuit. Wrongful death lawsuits are in addition to wrongful death criminal cases. In criminal cases, the prosecuting attorney brings the charges, and the individual responsible for the death faces prison, fines, probate, or other punishment.
There are a number of damages that can be recovered in the wrongful death lawsuit. The damages include compensation for losses including lost earning capacity, mental and emotional anguish, the pain and suffering of the deceased, the medical and funeral expenses of the deceased, and loss of inheritance. Wrongful death lawsuits must be brought within two years of the decedent’s death, although there are some exceptions to the general rule.
If your loved one in McKinney has been killed because of the wrongful actions of another person, call the McKinney wrongful death attorneys at the Barber Law Firm at 972-231-5800. We may be able to help. Call today to learn more or to schedule a free consultation.