TerjemahanLosing a family member due to someone else’s actions can be devastating. In Texas, certain individuals are allowed to file a wrongful death claim when another’s wrongful act causes a death.
Wrongful death claims aim to provide financial relief to those affected by the loss. Below are some crucial points to consider.
Who is eligible to file a claim?
Under Texas law, only specific relatives of the deceased can file a wrongful death claim. These are:
- The surviving spouse
- The children (including adult children)
- The parents of the deceased
The above family members can file the claim individually or together. If they choose not to file within three months of the person’s death, the executor or personal representative of the deceased’s estate may pursue the claim unless all eligible family members request otherwise.
When can a claim be filed?
In the majority of cases, a wrongful death claim must be filed within two years from the date of death. This is known as the statute of limitations. Some exceptions do exist, such as cases involving minors or criminal investigations, but the general deadline is strict. Filing after the deadline usually means the claim will be dismissed.
What types of compensation are available?
Compensation in a Texas wrongful death claim can include:
- Loss of the deceased’s earning capacity
- Loss of care, support, and companionship
- Mental pain and anguish
- Loss of inheritance (what the person would have saved and passed on)
- Funeral and burial expenses in some cases
The goal is to help family members cope with the financial and emotional impact of the loss. The amount awarded will depend on the evidence and the specific facts of the case.
Understanding who can file and what is recoverable is an important step after losing a loved one through someone else’s negligence. Seeking legal guidance will help you assess your options.
