Understanding Texas’ Wrongful Death Statute
Wrongful death lawyer

Wrongful death lawyerIf you lost a loved one because of a negligent-related accident, you every right to take legal action. At the Javier Martinez, Jr., P.C. Law Firm, we stand by the side of families in El Paso who tragically lost a loved one from a preventable incident. These cases can feel complicated and extremely tiresome, which is why our law firm steps in to answer your family’s initial questions and we provide necessary guidance until a fair settlement is reached. In Texas, a wrongful death statute can be complex but we’re here to break down the information that you should know upfront.    

How Does Texas Law Define Wrongful Death?

According to Chapter 71 of the Texas Civil Practice and Remedies Code, wrongful death claims can be brought forward if the death was caused by the “wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.” This may include 18-wheeler accidents, a drunk driving wreck, a distracted driving collision, the malpractice of a doctor or hospital, the use of a defective product, or other types of errors on the part a person or entity.

Who is Eligible to Bring Forward a Wrongful Death Claim?

Under Texas law, a surviving spouse, the children, and the parents of the decedent are allowed to file a wrongful death claim. If you are an adopted child, you may file a claim if the adoption was legal and fully completed. The same applies to surviving parents of an adopted child.

Statute of Limitations

Eligible family members must file a lawsuit within two years of their decedent’s death. Rarely do courts allow for the cases to be brought forward after two years. Since these cases can be complicated and based heavily on facts, it’s best to act fast.

What Damages Can You Claim

When it comes to compensation, eligible family members can claim the following damages, according to Texas law:

  • Lost love or companionship
  • Anguish
  • Lost earning capacity
  • Lost inheritance
  • Lost household services
  • Lost care
  • Support
  • Guidance or counsel

Work With an Experienced Personal Injury Lawyer

A wrongful death case is a journey no person or entity wishes to ever endure. These cases are complicated and emotional. But if you’ve lost a loved one due to negligence or the acts of someone else, then seeking justice is completely worth the battle. As a personal injury lawyer in El Paso since 1997, Javier Martinez, Jr. knows just how critical it is to provide you and your family with the proper closure you deserve. Connect with our team today to begin taking action.