Legal Rights in a Texas Wrongful Death Case

One of the most devastating experiences in life is the untimely death of a loved one. This particularly is the case when a family member’s life is taken because of the negligence or reckless conduct of someone else.

Texas law permits the pursuit of what is known as a wrongful death case. Texas law permits the pursuit of a wrongful death case against a party that causes the death of a family member because of a wrongful act, negligence, carelessness or default.

Who can File a Wrongful Death Case in Texas

Texas law specifically delineates who may pursue a wrongful death case. A surviving spouse, child, or parent can pursue a wrongful death case. These individuals can pursue a wrongful death lawsuit individually or together.

These identified family members have three months to file a wrongful death claim. If they fail to file a claim within that time period, the personal representative or executor of the estate of the deceased family member can pursue a claim. The personal representative or executor cannot pursue such a claim if one of the family members previously identified states that he or she does not want a wrongful death claim to be pursued.

Compensation in a Texas Wrongful Death Case

The underlying circumstances governing an incident that caused the wrongful death of a loved one, and the nature of the legal relationship between a deceased individual and a surviving family member, govern the type of possible compensation in a wrongful death case. With that said, a wrongful death attorney commonly seeks compensation for losses that include last medical expenses, funeral bills, loss of companionship, lost income or support, and mental anguish or emotional distress.

Retain a Wrongful Death Attorney

The first step in retaining the professional assistance of a wrongful death lawyers in Houston TX, like a member of the legal team at Sigmon Law Trial Lawyers, is to schedule an initial consultation with a lawyer. During an initial consultation, family members of a deceased loved one are provided with an evaluation of the case. This includes possible strategies to seek justice in a particular case. As a general rule, personal injury lawyers in Houston, including in wrongful death cases, do not charge a fee for an initial consultation.