Losing a loved one can be financially devastating for families, especially when the deceased was the primary income-earner for the household. But insurance companies rarely understand or sympathize with surviving family members for death claims caused by auto accidents, work-related accidents, or medical malpractice. After the wrongful death of a loved one, you deserve time to grieve and plan your family’s future. You should not have to worry about completing paperwork, saying the right things to the insurance company, or negotiating a fair settlement with an insurance claims adjuster.
At Paradowski Law, we have proudly represented many families who lost someone they love because of a corporation or individual’s negligence. When we take such cases, we do so to hold individuals and corporations accountable, to get answers, to fight injustices, and to help send a message to try to make sure no other family has to suffer a similar loss in the future. We believe it is important for families to understand the legal issues surrounding wrongful death lawsuits.
Wrongful Death Defined
Under Chapter 71 of the Texas Civil Practice and Remedies Code, a person or company is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.
Who Can Make a Wrongful Death Claim?
In Texas, wrongful death claims may be brought by the surviving spouse, children, and the parents of the decedent. Unfortunately, under Texas law, the surviving siblings of a decedent do not have their own wrongful death claim.
Types of Damages
The types of damages that are recoverable vary and often depend on whether the claimant is a surviving spouse, child, or parent of the decedent. Some common damages include mental anguish, lost earning capacity, lost inheritance, lost household services, lost care, support, guidance, or counsel, and lost love or companionship.
Statute of Limitations
In the state of Texas, the surviving family members are required to file their lawsuit within two years of the decedent’s death. There are a few rare and limited exceptions that apply to this rule, but the best practice is to assume that a lawsuit needs to be brought before the two-year deadline has passed. Because wrongful death lawsuits are complex matters, it is best to talk to an attorney as early as possible to allow time to investigate and properly bring the claim before the deadline.
At Paradowski Law, we are here to help make the process of filing a wrongful death claim as stress-free as possible for you and your family. We do everything in our power to build a strong case on your behalf and to negotiate for maximum compensation to help families move forward with their lives. We offer free initial consultations, so call us at (855) 524-2976 or email us at firstname.lastname@example.org