Can I File a Wrongful Death Claim?
In legal terms, a wrongful death is a fatality that occurs because of another party’s negligence or willful actions. A wrongful death claim may arise after a fatal:
- Car Accident
- Semi-truck accident
- Accident caused by a defective product
- Workplace accident
- Medical error
In Texas, the parents, the children and the spouse of the deceased may file a wrongful death claim.
A child may seek compensation in relation to a parent’s death even if he or she is over the age of 18. In Texas, the deceased’s siblings and grandparents are not allowed to file a wrongful death claim.
Among the family members who are permitted to file a claim, Texas does not require a particular member to file. Any of the family members named above may file; or, if they choose, the family members may group together and file jointly.
If none of the family members mentioned above files a wrongful death claim within three months of the death, then an executor may file a claim on behalf of the estate. The exception to this rule is that any family member eligible to file a claim may block the estate from filing such a claim.
In the state of Texas, the compensation received in a wrongful death claim will usually be given out to all of the family members affected by the death. The judge or jury often decides how the compensation is divided up among them. It is up to the lawyers for the family to demonstrate the financial and personal losses suffered by each family member, so that the judge or jury can assign appropriate compensation.
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Attorney Roxell Richards is a decorated personal injury lawyer. She has decades of legal experience in several states such as, Texas, California, and Louisiana. Attorney Richards can be contacted here.