What Is a Wrongful Death Claim, and Who Can File One? | TX

 Posted on September 11, 2024 in Wrongful Death

Texans are injured in accidents every day. While some victims can recover from their wounds, others lose their lives. You probably know that injured accident victims may be entitled to compensation through a personal injury claim, but did you know that by filing a wrongful death claim, eligible survivors might also receive compensation for fatal accident victims?

To file a wrongful death claim, you must meet specific criteria. A knowledgeable McKinney, TX lawyer from Burress Injury Law can determine your eligibility and help you proceed with your claim.

What Is Wrongful Death?

This term refers to someone losing their life as a direct result of another party’s negligence or intentional actions. The responsible party might be an individual, a group, a company or corporation, or an organization. While many wrongful death claims involve accidents, others are the result of assaults.

We will use a victim named Joe to demonstrate various aspects of a wrongful death claim. Joe has a wife named Sue, an 18-year-old son named Luke, and a 15-year-old daughter named Liz. Suppose that Joe was hit by a drunk driver, sustaining critical injuries. After several days of intensive treatment in a hospital, he dies.

Eligibility for Wrongful Death Claim

If Joe had lived, he would have been eligible to obtain compensation from the drunk driver through a personal injury claim. That qualification carries over, allowing his eligible survivors to file a wrongful death claim.

Eligible Survivors in Wrongful Death Cases

In this scenario, Sue and Luke can file a claim. Liz cannot because she is a minor, but Sue can file one on her behalf. In Texas, you must be one of the following to file a wrongful death claim:

• An immediate family member, namely a spouse, parent, or adult child who is the legal child of the deceased

• The personal representative of the deceased, who is typically the estate executor or administrator

• The legal guardian or parent of a legal minor child of the deceased

A personal representative cannot file the claim unless eligible family members fail to file their own claim within three months. If no one files a claim on behalf of an eligible minor child, that child has two years after their 18th birthday to file. Siblings of the deceased cannot file a claim, nor can others named in the will.

Damages in Wrongful Death Cases

Joe spent several days in the hospital, incurring medical bills. He missed time from work, and his car was totaled in the drunk driving accident. He also experienced significant pain and PTSD. Sue can file a survival claim to cover the accident-related expenses and the impact the accident had on Joe’s quality of life.

A wrongful death claim addresses the losses suffered by the surviving immediate family. These damages may include:

• Funeral and burial expenses

• The loss of Joe’s financial support

• The loss of the guidance Joe would have given to Luke and Liz

• The loss of closeness suffered by Sue

• Grief and other emotional trauma

• Diminished inheritance

If you are not aware of the types of compensation you might receive, you may not ask for enough. Liable insurers are highly unlikely to offer as much as you deserve. Obtaining the highest possible amount of compensation is only one of the benefits of working with an experienced lawyer from Burress Injury Law.

Schedule Your Free Consultation Today With Our Compassionate Collin County, TX Wrongful Death Lawyers

At Burress Injury Law, we know that no amount of money can replace your loved one. However, you deserve compensation for your losses, and we want to help. Call us now at 214-726-0016 for your free consultation with one of our skilled McKinney, TX personal injury attorneys.