A wrongful death lawsuit is a legal action brought against an individual or entity whose negligent or intentional actions resulted in the death of another person. This type of lawsuit is typically filed by surviving family members or representatives on behalf of the deceased person’s estate. The purpose of a wrongful death lawsuit is to seek compensation for the damages and losses suffered by the family as a result of the death, including financial, emotional, and intangible losses.
In order to qualify as a wrongful death lawsuit, the following elements must be present:
- The death of a person: In order for a wrongful death lawsuit to be filed, there must be a death of a person. This means that the lawsuit cannot be filed for the injury or illness of a person, but rather for the person’s death.
- The death was caused by the negligence or intentional actions of another person or entity: In order for a wrongful death lawsuit to be successful, the plaintiff (the person bringing the lawsuit) must be able to prove that the death was caused by the negligence or intentional actions of another person or entity. This means that the defendant (the person or entity being sued) must have caused the death through their actions or inactions, or by failing to take reasonable precautions to prevent the death.
- The surviving family members or estate have suffered damages as a result of the death: In order for a wrongful death lawsuit to be successful, the plaintiff must be able to prove that they have suffered damages as a result of the death. These damages may include financial losses, such as lost income and medical expenses, as well as emotional and intangible losses, such as loss of companionship and emotional suffering.
In the state of Texas, the following individuals are typically eligible to bring a wrongful death lawsuit:
- Spouses: A spouse of the deceased person may bring a wrongful death lawsuit if they were married at the time of the death.
- Children: Children of the deceased person may bring a wrongful death lawsuit if they were minors at the time of the death.
- Parents: Parents of the deceased person may bring a wrongful death lawsuit if the deceased person was a minor at the time of the death.
- Personal representatives: If the deceased person had a will or estate plan in place, the personal representative named in the will or estate plan may bring a wrongful death lawsuit on behalf of the estate.
It is important to note that in Texas, there is a statute of limitations for wrongful death lawsuits. This means that the lawsuit must be filed within a certain timeframe after the death occurred. In Texas, the statute of limitations for a wrongful death lawsuit is two years from the date of the death. If the lawsuit is not filed within this timeframe, the plaintiff may be barred from bringing the lawsuit and may lose their right to seek compensation.
If you have lost a loved one due to the negligence or intentional actions of another person or entity, you may be entitled to bring a wrongful death lawsuit. It is important to speak with an experienced wrongful death attorney such as The Soliz Law Firm as soon as possible to understand your rights and options. We can help you understand the legal process, gather evidence to support your claim, and represent you in court to help you seek the justice and compensation you deserve. Contact us today for a free consultation.
