A wrongful death claim is a civil lawsuit filed by specific, close family members to seek financial compensation when a loved one’s death is caused by the negligence, carelessness, or wrongful act of another party. The court system has distinct rules for filing documents and adhering to deadlines. Failure to follow these rules can jeopardize the case or result in its dismissal.
An experienced wrongful death attorney at KGS Law PLLC could assist with filing a Houston wrongful death action and ensure all procedural requirements are met. Our legal team could also help with associated claims, such as a survival action for the pain and suffering your loved one experienced before their death.
Who May File a Wrongful Death Action?
Under Texas law, only a restricted set of family members has the right to file a wrongful death claim. If these individuals—including the surviving spouse, biological or adopted children, or the deceased person’s parents—do not file a claim within three months, an executor of the estate can act on their behalf.
Certain categories of family members may not file a wrongful death claim. For example, even if siblings or grandparents were dependent on the deceased, they lack the legal standing to bring a lawsuit in the state.
The surviving family members filing a wrongful death lawsuit must have suffered measurable financial or emotional damages as a result of the death. Compensation can cover:
- Funeral costs
- Mental anguish
- Loss of income
- Medical expenses
- Loss of companionship
A wrongful death claim in Houston generally must be brought within two years from the date of the person’s death. Limited exceptions could extend the deadline. For instance, if a minor is an eligible claimant, the two-year period might not begin until they turn 18. A lawyer could assess if an exception might apply in a specific case.
Filing Survival Actions
A survival action differs from a wrongful death action in that the former seeks compensation for damages the deceased would have been able to recover if they had survived. This can include pain, suffering, and medical expenses. Any money recovered in a survival action goes to the deceased’s estate.
The survival action must be filed by the personal representative of the deceased person’s estate, who can be a person named in the will or a court-appointed representative. Heirs and beneficiaries are not directly eligible to file a survival action, but they may benefit from the recovery as the proceeds are distributed as part of the estate.
Liability in Wrongful Death Actions
To prove liability and successfully file a Houston wrongful death lawsuit, the plaintiff must prove four key elements:
- The defendant owed a legal obligation to act in a reasonable and safe manner toward the deceased
- The defendant failed to uphold this duty, such as by driving while distracted or speeding
- The defendant’s breach of duty was the direct cause of the death, which requires evidence showing the death would not have occurred but for the defendant’s actions
- The family suffered measurable harm as a result of the death
Evidence used to prove liability can include police and accident reports, medical records, autopsy reports, witness statements, and expert testimony from specialists in accident reconstruction or forensics. Liability can extend beyond just one person and may include individuals, companies, or even government entities.
Contact a Houston Attorney About Bringing a Wrongful Death Lawsuit
An attorney could oversee filing a Houston wrongful death action within the statute of limitations. Whether collecting evidence, reconstructing the accident, or consulting with expert witnesses to prove negligence, our lawyers have the resources to conduct a comprehensive investigation that supports your wrongful death claim. Contact our firm today to request your free case review.