individual’s negligent or intentional actions cause another person’s
death, eligible family members may be able to file a wrongful death
claim. Depending on the case’s circumstances, criminal charges may be
filed as well, but the matters are kept separate. Read on to learn
more about Texas wrongful death cases.
Wrongful Death Claims Filed?
A wrongful death
action may result from circumstances such as:
When a family brings such a lawsuit to court, they and their wrongful death lawyer in Lubbock, TX must prove that the person’s death was due to the defendant’s intentional or negligent actions. It must also be proven that the family suffered measurable harm because of the person’s death.
Who May File a
Wrongful Death Lawsuit?
people may file these claims. In the state of Texas, only the
decedent’s spouse, children, or parents may file. If the family does
not take action within three months of the person’s death, the estate
executor may take the case to court. However, if the family requests
that a claim not be filed, the executor cannot take action.
Who Can Be
various factors, a plaintiff may be able to file a claim against
multiple parties. For instance, in an auto accident where a defective
roadway and a drunk driver caused death, the family may be able to
sue the driver, the builder of the roadway, the government, the
bartender who served the driver alcohol, and the bar owner. It is
best to consult a wrongful death lawyer in Lubbock, TX to bring a
case against more than one party.
The Statute of
The state of
Texas, like all others, has a statute of limitations for wrongful
death claims. While dealing with a loved one’s death is extremely
stressful, it’s important to contact a lawyer as quickly as possible
so the lawsuit may be filed before the statute expires.
Even if the
validity of a wrongful death claim has not yet been determined, visit
us to set up a no-obligation consultation. If an attorney finds
grounds upon which a claim may be filed, it’s crucial to start as
soon as possible to avoid exceeding the statute of limitations.