The Edwards Law Firm is here to help if you lost a spouse, child, parent, or other loved one in a preventable accident or any situation that was caused through no fault of their own. This type of loss creates indescribable trauma for an entire family, and we know that taking legal action may be the last thing on your mind.
A wrongful death action can, however, offer a way to seek justice in your loved one's name. It can bring peace knowing that the at-fault party has been held accountable. It can even help with funeral costs, the loss of your loved one's earnings, and other losses to help you build a more stable future for your family. Our Corpus Christi wrongful death lawyers can offer insight regarding your options and your rights during this difficult time. We will provide an honest, caring assessment to help you make the right choices.
Who Gets the Money in a Wrongful Death Lawsuit?
Determining who can receive compensation from a wrongful death claim is largely dependent on who is eligible to file a lawsuit under Texas law.
In Texas, the following individuals can recover money from a wrongful death lawsuit:
- Spouse: The surviving spouse of the deceased is eligible to file a wrongful death claim and be compensated for their loss.
- Children: Minor and adult children can file a wrongful death claim
- Parents: In addition to being able to file a wrongful death of a biological child, a parent is also allowed under Texas law to file a claim for the death of an adopted child.
- Personal Estate: If none of the surviving beneficiaries have filed a wrongful death claim within three months of the date of death, the executor of the deceased person's estate can file a claim.
A wrongful death claim can be filed by an individual or group of people. It is also important to note that siblings (biological or adopted) cannot file a wrongful death claim.
Contact us at 361-320-6752 for a free consultation. We are available 24/7 to take your call.
What Damages Can Be Recovered in a Texas Wrongful Death Lawsuit?
The surviving family of the deceased may be able to recover the following damages in a Texas wrongful death case:
- Medical bills
- Funeral costs
- Lost companionship
- Lost future income and financial support
- Pain and suffering
- Lost household services
Additional punitive damages may sometimes be awarded in cases where a person's death is caused by a willful act or grossly negligent conduct. The types of compensation available in your case will depend on the specific circumstances surrounding your loved one's death.
Types of Wrongful Deaths
A wrongful death is any loss of life stemming from the negligent or wrongful acts of an individual or corporation. Even when completely accidental, if a death is caused by a failure to provide proper care, this may give surviving family members viable grounds for a wrongful death action.
The following are examples of scenarios that may lead to wrongful death:
These examples only scratch the surface of the different types of wrongful death claims. If you've lost your loved one due to another person's negligence or recklessness, then it is time to speak with an attorney. Our attorneys will not only fight to get you maximum compensation but to hold the responsible parties accountable for their actions.
Wrongful Deaths Arising from Work-Related Accidents
Sadly, some work-related accidents lead to fatal injuries. While no one should have to fear being injured or killed at work, on-the-job deaths can and do happen, particularly in certain riskier industries, such as the construction and oil industries. These are incredibly tragic situations, and surviving spouses, children, and families are often left with countless questions and a need for justice.
If your loved one died as a result of a work-related accident or injury, you may have several possible options for recovery:
- Workers' Compensation Death Benefits: Surviving spouses, children, and, in some cases, parents may recover death benefits through the Texas workers' compensation system. Generally speaking, workers' compensation death benefits equal 75% of the deceased worker's average weekly wage, subject to a state-imposed maximum. Surviving spouses who remarry are also eligible to receive a lump sum payment in the amount of 104 weeks' (two years) worth of benefits. Children are eligible to receive benefits until the age of 18 or 25 if they are a full-time student at an accredited educational institution. There are numerous nuances to Texas workers' compensation death benefits; contact The Edwards Law Firm for more information about your right to recover such benefits.
- Suing the Employer: Unlike many other states, Texas does not require all employers to carry workers' compensation insurance. If your loved one's employer is self-insured, you may file a wrongful death lawsuit directly against the employer. Note that you can only sue the employer if it does not have workers' compensation insurance, except in cases of gross negligence. A direct lawsuit against the employer can allow you to seek compensation for your family's losses, including both economic losses (loss of income, funeral costs, medical bills, etc.) and non-economic losses (emotional distress, loss of companionship, loss of consortium, etc.).
- Third-Party Wrongful Death Claim: If the work-related accident that led to your loved one's death was caused by a third party, meaning the employer is not liable, you may file a third-party wrongful death claim. For example, if your spouse was a construction worker who was struck by a negligent motorist while working in a construction zone, you may be able to file a lawsuit against the negligent motorist, seeking compensation for your damages. These claims essentially work like any other type of wrongful death claim. It is a good idea to work with an attorney to help ensure that you are able to recover the full compensation you and your family are owed.
To learn more about your various options for recovery after the work-related death of your loved one, contact our wrongful death lawyers for a free and confidential consultation.
Texas Wrongful Death Statute of Limitations
It is important to know that your time to take legal action after the death of a loved one is limited. In most cases, wrongful death cases in Texas are subject to a two-year statute of limitations, meaning you have until the second anniversary of your loved one's passing to pursue a legal claim against those responsible. If you do not file a claim in civil court within this window, you will essentially lose your right to sue, and you will be unable to recover compensation.
Wrongful death claims often require lengthy and detailed investigations before a claim can be filed. Since the statute of limitations can ultimately make or break your claim, it is important you act quickly and reach out to our attorneys as soon as possible to guard your family's rights.
