The passing of a relative is a crippling blow that sends shock waves through the entire family, upending daily routines and shattering financial stability. That pain is magnified even further when a death is the result of another person’s negligent or malicious actions.
Approximately 90,000 wrongful deaths occur every year in the United States. Pursuant to Title 4, Chapter 71 of the Texas Civil Practice and Remedies Code, a wrongful death happens when one party causes the death of another individual as a result of neglect, carelessness, unskillfulness, default, or a wrongful act.
If your loved one was a victim of wrongful death, you may have grounds for a lawsuit against the liable individual or organization. Depending on the facts of your case, you may be entitled to compensation for:
- Pain and suffering;
- Medical bills your loved one incurred after his or her final injury or illness;
- Funeral and burial costs
- Loss of earning capacity;
- Loss of support;
- Loss of care, affection, protection, comfort, and companionship; and
- Punitive damages – if the cause of death was a particularly egregious act.
If the wrongful death occurred in Texas, turn to The Robson Law Firm for legal guidance. Our attorneys have recovered more than $26 million for our clients in successful settlements and verdicts. Call 512-345-8200 to schedule a free consultation with an accident lawyer in Austin.
Who Can File a Wrongful Death Lawsuit in Texas?
In the state of Texas, the surviving parents, children, or spouse of the deceased can file a wrongful death claim in a group, or one of these parties can file the claim individually. If the surviving family members do not file a claim within three months after the date of death, an executor or personal representative of the deceased’s estate is permitted to file the claim instead. However, surviving relatives can choose to prevent the claim from being filed.
An adopted child may also opt to file a wrongful death claim after the passing of an adoptive parent; however, state law does require that the child has been fully and legally adopted by that parent.
Who Cannot File a Wrongful Death Lawsuit?
Texas law specifically states that surviving siblings may not file a wrongful death claim for the loss of a sister or brother. This law extends to both biological and adopted siblings.
While an adopted child may file a wrongful death claim for the death of an adoptive parent, he or she may not file the same claim for the death of a biological parent once they have been fully and legally adopted.
If you lost a loved one due to another person’s negligent or malicious actions, contact The Robson Law Firm. Our attorneys have been representing the injured for more than 20 years, and we have the knowledge, resources, and litigation experience to help you pursue the maximum compensation. Call 512-345-8200 to schedule a free consultation with an accident lawyer in Austin.