Here Are the Main Steps in Wrongful Death Claims in Dallas, TX

Losing a loved one is always painful. But the pain and anguish may be compounded if your loved one’s death was preventable and was caused by another person’s carelessness, disregard for safety, or misconduct. The bereaved family of a person who dies as a result of another’s negligent or wrongful actions may be entitled to seek justice on behalf of their loved one.

No amount of money can erase the pain of a family member’s unexpected loss. But neither should you have to bear the financial hardship caused by the loss of a family breadwinner. A wrongful death claim is a way to hold the person or persons that caused the death legally responsible for their actions and seek compensation for your pain and suffering and losses.

The Dallas wrongful death attorneys at Kraft & Associates, P.C., can assist if you have lost a loved one as a result of a car accident, motorcycle accident, slip, and fall accident, defective product, other types of an accident caused by someone else.

Our compassionate Texas wrongful death lawyers have more than 50 years of combined experience handling fatal accident claims. We understand the pain and suffering that an unexpected death has on families. With our experience and resources, we can help you seek compensation for the losses you have suffered. Learn more by contacting our office for a free initial consultation.

What Is a Wrongful Death Lawsuit?

Under the civil law of the state of Texas, the immediate family of a deceased person may sue for wrongful death by filing a wrongful death claim. The surviving family members or beneficiaries can demand compensation for the financial costs and emotional pain caused by losing their loved one. Any compensation recovered through a wrongful death claim goes to the deceased person’s family.

Another type of legal action related to a wrongful death claim is a survival action. A survival action is a personal injury claim filed by the deceased person’s estate to claim compensation for the injuries the family member suffered before the individual died.

A representative of the deceased’s estate files a survival claim, which allows the estate to pursue compensation for the decedent’s medical bills and physical and emotional pain prior to their death. It’s important to note that compensation for survival claims goes to the decedent’s estate for distribution to the deceased’s heirs.

Grounds for Filing a Wrongful Death Suit

Under Texas law, surviving family members or the decedent’s estate can bring a wrongful death claim if the victim died due to another party’s wrongful act, neglect, carelessness, unskillfulness, or default.

Wrongful deaths may result from a wide range of accidents and injuries, such as:

If you believe that someone else caused your family member’s death, talk to a lawyer at Kraft & Associates, P.C., to explore whether you may have a right to file a wrongful death suit.

Who Can Bring a Wrongful Death Lawsuit?

Texas law and the state court system have established clear guidelines regarding which members of the deceased person’s family are eligible to file a wrongful death claim.

In Texas, the following individuals are allowed to file a wrongful death lawsuit:

• The deceased’s surviving spouse
• The deceased’s surviving children
• The deceased’s surviving parents
• The personal representative or administrator of the deceased’s estate (only if three months have passed since the deceased’s death and none of the listed family members have filed their own claim).

Unfortunately, this means that other family members and surviving romantic partners are not eligible to file a lawsuit. These individuals may still be able to recover compensation through a survival action brought by the deceased’s estate.

Survival actions must be brought by the deceased’s estate, but any compensation recovered through a survival action goes to the estate for distribution to the decedent’s beneficiaries. Anyone named as a beneficiary (including partners, grandchildren, cousins, friends) may recover compensation.

Steps in a Wrongful Death Suit

Here are the main steps in wrongful death claims in Texas:

• Talk to a lawyer. –The complex rules around wrongful death claims usually require the help of a wrongful death lawyer. Start the process as soon as possible to avoid running up against time limits set forth in the statute of limitations. Under Texas law, the surviving family or the deceased’s estate has two years from the date of the deceased’s death to file a lawsuit. If you wait too long to bring a claim, you could lose your right to any compensation for your loss.
• Obtain a death certificate. – Before you can begin the wrongful death claims process, you must have a death certificate that documents the fact and cause of the deceased’s death. You can obtain one at the county clerk’s office in the county where the victim died or by requesting a certificate online from the Texas Department of State Health Services.
• Determine whether the deceased left a will. – If your family member left a will, it will likely identify the executor or personal representative of the estate. That designated individual can file a wrongful death claim, survival action, or both on behalf of the deceased and their family. If there’s no will, the courts will name a personal representative of the deceased’s estate.
• Investigate the deceased’s death. – Your claim will need to demonstrate the defendant’s negligence in order to recover compensation. Your attorney can help you gather persuasive evidence, such as medical records, accident reports, eyewitness accounts, and photos from the accident scene. The more evidence you have, the stronger your case will be, and the greater your chances of full compensation.
• Identify the eligible survivors. – Only certain family members and the representative of the decedent’s estate are eligible to file wrongful death claims. These individuals must be identified and notified before any wrongful death claim can proceed. Survival actions are brought by the representative of the deceased’s estate, who may or may not be one of the family members eligible to receive compensation.
• Document the losses suffered by the deceased and their family. – To demand the maximum amount possible through a wrongful death claim, the deceased’s surviving family members and their attorney will need to list all the harm they’ve suffered due to the deceased’s untimely death.

You may seek compensation in a wrongful death claim for:

• • Funeral and burial expenses
  • The deceased’s medical bills from the time they were injured until their death
  • The deceased’s lost earnings from the time of their injury until their death
  • The deceased’s expected future income had they survived their injuries
  • The surviving family’s loss of the deceased’s companionship and emotional support
  • The surviving family’s loss of the deceased’s financial support

Affected Parties That Get the Compensation in a Wrongful Death Lawsuit

Wrongful death claims compensate surviving family members for the losses they’ve suffered due to a family member’s untimely, preventable death. However, only certain family members are eligible to file a wrongful death claim in Texas.

Broadly speaking, the only family members who can claim compensation through a wrongful death claim are:

• The deceased’s surviving spouse
• The deceased’s surviving children
• The deceased’s surviving parents

In cases where the deceased’s estate pursues a wrongful death claim, any compensation recovered through the claim will be divided among eligible family members. If there’s no surviving spouse, children, or parents, then the money goes to the deceased’s estate.

Survival actions work differently because they’re brought by the deceased’s estate, not surviving family. This means any money recovered will go to the deceased’s estate. The estate will then distribute it to the appropriate beneficiaries, potentially allowing for more parties to receive compensation. If you have questions about whether you can bring a wrongful death claim or survival action in Texas, you should speak with an experienced wrongful death attorney at Kraft and Associates, P.C.

Texas Wrongful Death Statute of Limitations

In Texas, you have two years from the date of the deceased’s death to file a wrongful death suit. This statute of limitations serves as a hard deadline. Filing a claim more than two years after the deceased’s death will usually result in the court dismissing the claim. Make sure you have a chance for your case to go forward by meeting with an attorney as soon as possible to discuss a wrongful death claim.

Talk to a Wrongful Death Attorney in Texas

Wrongful death suits can never compensate families for everything they lost when their loved one died, but many families obtain a sense of closure by holding whoever caused the accident legally responsible. At Kraft and Associates, P.C., our caring, seasoned attorneys are ready to help you with a wrongful death case. To find out more, you can call our office, use our live chat service, or visit our contact page.