Those grieving the sudden loss of a spouse, parent or child might want to pursue justice. A Texas wrongful death claim can provide financial relief and a sense of legal closure for those affected by the negligence or misconduct of another party.
Filing a wrongful death lawsuit in Texas can be a difficult process, but it can also be worthwhile if people understand the process and have appropriate support. The guidance of a wrongful death attorney in Houston can help families evaluate the strength of their legal claims and determine what damages they could seek from the party at fault for a tragedy.
What are the basics that families need to know before pursuing a wrongful death lawsuit?
What scenarios justify litigation?
Families may have questions about what types of accidents warrant wrongful death claims. Car crashes, unsafe property conditions, intentional criminal activity, medical malpractice and product defects are among the most common reasons for wrongful death litigation. If plaintiffs have proof of either negligence or wrongful acts, including violent crimes or drunk driving, they may have grounds for a wrongful death lawsuit.
Who can file a wrongful death lawsuit?
Immediate family members are usually the ones pursuing wrongful death litigation. Surviving spouses, children and parents of the person who died have the option of filing a wrongful death lawsuit. A personal representative or executor overseeing estate administration also has the option of filing a wrongful death lawsuit if there are no family members available to do so.
How long do families have to file?
The Texas wrongful death statute of limitations only provides two years from the date of death to take legal action. Grieving families sometimes let their emotions interfere with the legal process necessary for true justice after a tragedy.
What can grieving families recover?
The law allows plaintiffs to request both economic and non-economic damages. Economic damages have a clear financial value and may include lost wages, lost inheritance and funeral expenses. Non-economic damages include the mental anguish and loss of companionship experienced by surviving family members. In extreme or unusual scenarios, it may also be possible to seek exemplary damages intended to punish the party at fault.
Consulting with a Houston wrongful death lawyer can help those affected by a tragedy understand their legal rights and options. Guidance from an attorney can help families calculate their losses and develop a legal case that can help them pursue justice in civil court. Contact the Law Office of Richard J. Presutti, P.C., to schedule a free consultation by calling 866-830-6301 or clicking here to get started.