In Houston, Texas, the law establishes specific guidelines for who has the legal capacity to file a wrongful death claim. If you’re not a qualified party or a representative of the deceased’s estate, you may be ineligible to pursue wrongful death damages. According to Texas law, the following close relatives of the deceased are permitted to initiate wrongful death lawsuits:

• A surviving spouse
• Surviving children, including legally adopted children
• Surviving parents

These categories of relatives are not listed in a hierarchical manner; all have equal rights to file a claim. If these relatives do not initiate a wrongful death claim within three months of the decedent’s death, the executor or administrator of the deceased’s estate may proceed with the lawsuit, unless expressly requested not to do so by a surviving relative.

It’s crucial to note that siblings, both biological and adopted, are not eligible to file a wrongful death claim in Texas.

Navigating the specifics of these rules can be challenging when dealing with the loss of a loved one. Therefore, it’s advisable to seek the assistance of an experienced attorney to guide you through the process of filing a wrongful death claim in Houston.

In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. Exceptions like the discovery rule can extend this deadline if the cause of death was identified later. However, certain circumstances can shorten or lengthen the two-year period. Missing this deadline can jeopardize your right to compensation, even with proven negligence.

In a wrongful death lawsuit under Texas law, the plaintiff is required to establish that the defendant’s actions resulted in death. This act could have been negligent or unlawful.To prevail in a wrongful death claim, four elements must be established:

Duty of Care: The plaintiff must demonstrate that the defendant, whether an employer, an individual, a corporation, or a governmental entity, owed a duty to the decedent. As an example, an individual has a duty to operate their motorcycle responsibly and not while impaired.

Breach of Duty: The plaintiff must provide evidence that the defendant did not uphold their duty. If someone does not drive responsibly or drives while intoxicated, they have violated their duty to others.

Causation: The plaintiff needs to prove that the negligent or otherwise wrongful act, or lack thereof, by the defendant, resulted in the decedent’s death. For instance, a head-on collision may not have transpired had the defendant not operated their motorcycle while under the influence.

Damages: In Texas, there are two ways to substantiate damages. Survival damages serve to compensate for the losses suffered by the deceased, while wrongful death damages aim to provide compensation to the surviving family members.

Determining the exact value of a wrongful death case in Texas is not straightforward, as it depends on a multitude of factors unique to each case. However, it’s crucial to understand the types of damages that are typically considered in Texas wrongful death claims. These damages fall into two broad categories: Economic and non-economic.

Economic damages are tangible losses, often easier to calculate because they are grounded in specific amounts that the decedent and their family have lost or will lose due to the death. They include:

1. Loss of the decedent’s earnings and earning potential: This includes wages the decedent would have earned had they lived, considering their career trajectory, age, skills, and more.
2. Loss of inheritance: This refers to what the beneficiaries reasonably could have expected to receive if the decedent had lived a natural lifespan.
3. Medical and funeral expenses: If the decedent received medical care for their fatal injury, or if the family had to pay for funeral costs, these can be included as economic damages.

Non-economic damages are less tangible and often harder to quantify, but they can be equally or even more impactful than economic losses. They include:

1. Loss of companionship, love, and comfort: Surviving family members can be compensated for the loss of the deceased’s presence in their lives.
2. Mental and emotional anguish: The surviving relatives’ emotional suffering can also be compensated.

In Texas, there are no caps on the amount of damages that can be awarded in most wrongful death claims, unlike in many other states. However, in medical malpractice claims, non-economic damages are capped.

Please note that every wrongful death case is unique, and the damages awarded can vary greatly based on the specific circumstances of each case. It’s essential to consult with an experienced wrongful death attorney to get a realistic understanding of the potential value of your claim.

The legal process for a wrongful death lawsuit can be complex, involving various stages such as investigation, filing the lawsuit, discovery, negotiation, and potentially a trial.

When you choose The Ammons Law Firm, our attorneys will guide you through each step of the process. We conduct thorough investigations, collect strong evidence, file the lawsuit on your behalf, handle negotiations, and represent you at trial if a fair settlement cannot be reached.