Filing a Wrongful Death Lawsuit After a Pedestrian Accident in Texas

 Posted on July 12, 2023 in Wrongful Death

When someone is killed in an accident, their surviving family members are left to pick up the pieces and try to come to terms with the tragedy. Losing a loved one is horrible regardless of the circumstances. However, losing a loved one in a pedestrian accident is especially traumatic. 

Wrongful death claims allow certain family members of a deceased victim to seek civil justice through monetary damages if someone proximately caused the loved one’s death. If your family member passed away in a pedestrian accident, you may be able to take legal action on their behalf. 

Texas Wrongful Death Claims

Texas Civil Practices & Remedies Code § 71.002 establishes that a wrongful death occurs when an injury causes a person's death and the injury is the result of another person or entity's wrongful act, neglect, carelessness, unskillfulness, or failure to act. Wrongful death claims are completely separate from any criminal consequences an individual faces for causing a wrongful death. For example, a drunk driver who strikes a pedestrian in a crosswalk may face criminal charges for his or her actions. However, the surviving family’s ability to bring a wrongful death claim does not depend on any criminal charges being filed or the result of those charges. 

Under Texas Civil Practices & Remedies Code § 71.004, the only parties authorized to file a wrongful death action in Texas are the surviving spouse, children, and parents of the deceased. If none of these individuals begin an action within three calendar months after the death of the injured individual, their executor or administrator can bring an action unless they are specifically requested not to do so by all of those individuals.

Wrongful death damages often take the same economic and noneconomic forms as many personal injury damages. Surviving family members and/or the decedent’s estate may be entitled to economic damages such as lost wages, medical and funeral expenses, and property damage as well as noneconomic damages like pain and suffering, emotional distress, and disfigurement. These cases can also involve unique damages relating to a death such as lost earning capacity, lost care, lost maintenance, lost services, lost support, lost advice, and lost counsel the deceased would have provided, and lost inheritance.

Contact a McKinney Wrongful Death Pedestrian Lawyer 

If you think that you might have grounds for a wrongful death claim in Texas, you should not hesitate to contact the Collin County personal injury attorneys at Burress Injury Law.

Our firm has a record of success that includes over 200 million dollars recovered for our clients. You can set up a free case consultation when you call 214-726-0016 or contact us online.

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm