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Do I Have a Wrongful Death Claim?

The wrongful death of a loved one can be difficult to move past, particularly when knowing their death could have been avoided had others acted responsibly. Pursuing a wrongful death claim can help a family move forward by finding peace and holding negligent parties accountable for their actions.

However, it’s important to keep in mind that, like many legal claims, you may only file in certain situations. Below, our Houston personal injury attorneys discuss the requirements for a wrongful death claim in Texas.

What Are the Requirements for a Wrongful Death Claim in Texas?

The requirements for a wrongful death claim vary from state to state. In Texas, the following must be true:

According to Texas Statutes Section 71.001, legal action for wrongful death may be brought forth if the "wrongful act, neglect, carelessness, unskillfulness, or default" of one party causes the death of another.

Examples of this may include, but are not limited to, the following:

  • A car accident caused by a defective auto part, such as the “death wobble” defect of both the Ford F-250 and F-350 Supers
  • Toys and other child products, including defective car seats, toys containing lead or harmful chemicals, toys that pose a risk of choking, and more
  • Dangerous drugs and medical devices, including Paxil, Seroquel, Reglan, Levaquin, and more

Need Help Filing a Wrongful Death Claim? Contact Us Today

If one of your loved ones was killed in one of the aforementioned situations or something similar, our Houston personal injury attorneys at The Ammons Law Firm LLP can help you file a wrongful death claim and recover compensation from negligent parties for the following damages:

  • Medical expenses incurred prior to death
  • Burial and/or funeral expenses
  • Lost wages/income
  • Loss of expected future earnings
  • Loss of household services provided by the deceased
  • Pain and suffering
  • Loss of companionship
  • Loss of consortium
  • Lost inheritance

It’s important to remember that you only have a certain amount of time after your loved one’s death to file a claim and obtain justice. We can help you through this process as efficiently as possible.

Contact The Ammons Law Firm LLP at (281) 801-5617 to schedule a free consultation.