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What Constitutes “Wrongful Death” in Texas? Austin Accident Attorney Explains

By Luke Dow on September 06, 2016

The unpredictability of life is never more apparent than when a family member dies unexpectedly. In addition to the emotional trauma, a wrongful death can threaten your family’s financial security if the deceased was a primary source of income. Medical bills, funeral expenses, loss of inheritance – the costs can add up quickly.

Truck and road

No amount of money can undo the loss of a loved one; however, according to Texas Statutes, if your family member died due to the negligent or malicious actions of another person or organization, then you may be able to recover much-needed compensation by making a wrongful death claim.

If your loved one was a victim of wrongful death, contact the Luke Dow Law Firm. Mr. Dow is a personal-injury lawyer in Austin who will assess your case to determine if you have grounds for a claim. Call 512-518-4104 to schedule a consultation.

Read on to learn answers to four FAQs about wrongful death claims in Texas:

  1. What constitutes wrongful death?
A wrongful death occurs when a person dies due to the malicious, reckless or negligent actions of another person or organization. There is no legal limit to the type of accident that can lead to a wrongful death claim. Common examples of accidents that constitute wrongful death include:
  • Medical malpractice;
  • Violent crimes;
  • Traffic wrecks;
  • And defective product injuries.
As the U.S. National Library of Medicine explains, the process of recovering compensation in a wrongful death claim is rarely straightforward. The plaintiff will need to gather specific documents and evidence to prove negligence, liability and damages. This may require the testimonies of medical experts and economists, as well as incident reports related to the accident.
  1. Who can file a wrongful death claim?
Only the personal representative of the deceased can file a wrongful death claim. Many people appoint a representative in their wills before they die. If they fail to do this, the court will usually appoint a close family member such as a spouse, child or parent of the deceased.
  1. How long do I have to file a wrongful death claim in Texas?
According to Texas Statutes, the personal representative has up to two years to file the wrongful death claim with the courts, beginning on the date of the death. It is important to commence the process as soon as possible because over time, evidence may disappear and witnesses could relocate or change their contact details.
  1. What damages can I claim after a wrongful death?
After a wrongful death, the representative can file a claim for compensation for pecuniary losses, loss of companionship, loss of inheritance, mental anguish, burial and funeral expenses, medical bills, and pain and mental anguish.

If you lost a loved one due to wrongful death in Texas, contact the Luke Dow Law Firm. Mr. Dow is an Austin injury attorney who can handle the legal aspects of your lawsuit so you can focus on your personal well-being. Call 512-518-4104 to schedule a consultation.

 

 

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