Who Can File a Wrongful Death Claim in Texas?

Attorney Robert Crain Gives His Expert View on Wrongful Death and Who Can File a Claim in Texas.

DALLAS, Sept. 28, 2023 /PRNewswire/ -- Losing a loved one is an incredibly challenging experience for anyone, particularly when the death was caused by someone else's negligence.

Along with the sadness and grief accompanying such a loss, one also must cope with the anger and frustration that may result from a wrongful death incident.

Although no amount of compensation can undo the loss of a loved one, claims from pursuing a wrongful death lawsuit can offer families a sense of justice and financial security.

What Is Wrongful Death in Texas?
Under Texas law, the term "wrongful death" refers to a situation where the wrongful acts, neglect, carelessness, unskillfulness, or default of a person results in the death of another person, which can include a stillborn fetus.

In essence, a wrongful death claim can be seen as a type of personal injury lawsuit where the victim is deceased and unable to file the claim on their own behalf. Instead, someone else must do it for them.

Who Can File a Wrongful Death Lawsuit in Texas?
Attorney Robert D. Crain, Founder of Crain Brogdon LLP states:

"In Texas, only the deceased's surviving spouse, children, and parents — at least one of them on behalf of all — can file a wrongful death claim."

He further explains:

"Suppose none of these individuals takes any legal action within three months of the death. In that case, the executor or administrator of the deceased's estate can prosecute the claim, provided the eligible individuals do not object."

Damages in a Texas Wrongful Death Claim
The damages for a wrongful death claim in Texas fall into two categories. The first covers any expense owed to the deceased from the time of their death resulting from the act of negligence, including medical and funeral expenses.

The second encompasses losses suffered by the survivors as a result of the deceased's passing. This may include lost wages and earning capacity, mental and emotional anguish, and the loss of support, care, and inheritance.

Mr. Crain states:
"Exemplary or punitive damages may also be awarded to make an example out of the defendant."

This is usually the case when the plaintiff provides ample evidence of gross negligence on the part of the defendant.

Contact an experienced wrongful death lawyer to help collect evidence and receive the compensation you deserve.

About Crain Brogdon LLP
Crain Brogdon LLP comprises a team of experienced attorneys widely recognized for their expertise in acquiring justice for accident and personal injury victims.

Founder and co-partner Robert D. Crain is an authority in the field, securing multimillion-dollar compensations for clients to help them for many years to come.

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SOURCE Crain Brogdon, LLP