When Can I Sue for Wrongful Death in Texas?

 Posted on June 30, 2023 in Wrongful Death

 When you have been injured because someone else was careless about your safety, you can file a personal injury lawsuit on your own behalf. But, what about when the victim passes away as a result of an accident? In Texas, if your parent, child, or spouse lost their life in an accident that some other party should have prevented, you may be able to file what is called a wrongful death suit on their behalf. The party who caused the fatal accident should not be excused from liability just because their victim is no longer here to file a lawsuit themselves, so the right to recover compensation passes to their closest  remaining family members.

If you have lost a parent, spouse, or child due to any type of negligence, speaking to a qualified attorney may be the first step towards holding the negligent party accountable in civil court.

What Types of Negligence Can Lead to a Wrongful Death Claim?

While nothing can replace the family member you lost, recovering compensation can help keep your family financially secure after your loss. Wrongful death applies to a variety of different situations - there is almost no limit as to the type of accidents these suits can be based on, so long as they were caused by the defendant’s carelessness. Situations that may give rise to a wrongful death action for qualifying relatives include:

● Car accidents - If a careless driver caused a car crash that proved fatal, you can pursue damages for wrongful death. Careless drivers include those who are drunk, distracted or going too fast for the conditions.

● Truck accidents - Commercial vehicle operators have the potential to cause horrific accidents. When a truck driver is not using due caution, he can easily cause a fatality.

● Defective products - You may have heard the statistic that you are more likely to be killed by a defective toaster than a shark. Bad product designs, manufacturing mistakes, and lack of appropriate warning labels or instructions can make a product unsafe. Products that explode, cause fires or contain dangerous chemicals can kill their users. Children’s toys that contain choking or strangulation hazards can sadly become deadly.

● Unsafe premises - Property that is under someone else’s control may not be safe. Common premises liability accidents include slip and falls, staircase accidents, and even dangerous animals.

These are just a few types of accidents caused by negligence that could entitle beneficiaries to bring wrongful death lawsuits or claims on behalf of the decedent’s estate.

Call a Collin County Wrongful Death Lawyer

If you have lost a parent, child, or spouse in a preventable accident, Burress Law PLLC may be able to help you recover compensation. Our skilled Plano wrongful death attorneys will handle your case with compassion. Call 214-726-0016 for a free consultation.

Source:

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