A death in the family is a traumatic event – but when that death is caused by the negligence, recklessness, or carelessness of another person, the pain to the surviving family is immense. If you need to hire a wrongful death lawyer, then there are some things you should know about wrongful death cases, including who can file a lawsuit and the cases that qualify for wrongful death in Texas.
Hiring a Wrongful Death Lawyer? Five Things You Should Know
1. Statute of Limitations
In Texas, the statute of limitations for wrongful death cases is two years from the death date of the deceased person. There are very narrow circumstances for extending the statute of limitations, so it’s important to hire wrongful death attorneys in Bryan, TX as soon as possible. If you miss the statute of limitations on a wrongful death case, you will forfeit the right to seek any compensation for economic and non-economic damages in the future.
2. Who Can File
There is a very narrow scope of people who are allowed to file a wrongful death lawsuit. The people who are allowed to file a case include the deceased person’s spouse, children, parents, or the representative of the deceased person’s estate.
There may be some circumstances in which stepchildren and other surviving family members can file a wrongful death suit. For example, if the deceased person was the primary custodian of non-biological children, these children may be entitled to sue for wrongful death. A lawyer will be able to advise you on whether you’re able to file a wrongful death lawsuit for the loss of your loved one.
Wrongful Death vs Survival Claims
Texas has a distinction between wrongful death claims and survival claims. Under Texas law, wrongful death claims can only be filed by family members to receive compensation for the loss of financial support and companionship after the death of a family member.
Survival claims, on the other hand, are filed by the representative of the deceased person’s estate to compensate for losses, including pain and suffering. A survival claim is more similar to a traditional personal injury lawsuit. Both wrongful death and survival claims are considered civil lawsuits.
3. Caps on Compensation
Generally, there are no caps on economic damages in wrongful death cases, although there are caps on non-economic damages like pain and suffering. In a wrongful death case, economic damages would be the loss of income for the family, particularly if the deceased person was the primary breadwinner. Non-economic damages, on the other hand, include the emotional trauma of losing a loved one.
4. Common Causes of Wrongful Death
There are several common causes of wrongful death lawsuits. It’s important to remember that wrongful death is different from homicide, which is a criminal act under Texas law. Although homicide and wrongful death both result in the loss of a loved one, homicide is a more serious criminal charge, whereas wrongful death is characterized by negligence.
Medical Malpractice
One of the most common reasons to hire a wrongful death lawyer is if the deceased person dies because of medical malpractice. Medical malpractice is related to negligence, specifically a breach in the standard of care from a physician or medical facility.
In Texas, a deceased person can also include a fetus that fails to survive due to medical negligence. For example, a fetus that dies during childbirth can qualify for wrongful death. If the mother also dies, it’s possible for surviving family members to file two wrongful death lawsuits.
Car Accident
Victims of road accidents also qualify for wrongful death cases. There are several scenarios in which family members can sue for wrongful death because of a car accident. For example, product liability on a vehicle, drunk driving, driving under the influence of other drugs, reckless and aggressive driving, and much more can be contributing factors to wrongful death.
Workplace Accidents
Sometimes, family members can also file a wrongful death claim against the deceased person’s employer. Many Texas workers are employed in industries that are inherently dangerous, such as oil or offshore work. Employers in these industries are obligated to provide a safe work environment, so if an employee dies due to negligence from the employer, the family can sue for wrongful death.
5. Case Timeline
Finally, you should know the case timeline for a wrongful death lawsuit is often much longer than other types of cases. While personal injury lawsuits can be resolved in a few months, wrongful death lawsuits require much more investigation and evidence gathering, so settling this type of lawsuit could take as long as one to four years.
If you are a family member who intends to file a wrongful death lawsuit, you must understand the statute of limitations, case timeline, and the most common wrongful death cases. You should also keep in mind that there are caps on compensation for non-economic damages.