When Could I File a Wrongful Death Lawsuit in Texas?

If your loved one was fatally injured under questionable circumstances, you may be wondering whether or not you have a legitimate reason to pursue a wrongful death lawsuit. Under the law, you would be entitled to damages if you are the statutory beneficiary or someone who was killed by the negligent, reckless or careless actions of another person. In order to be considered a "statutory beneficiary," you must be the deceased's spouse, child or parent. It is also important to understand that a wrongful death lawsuit differs from a survival claim, as the Texas Survival Statute states that this type of claim can only be brought by the deceased's heir or estate representative. They would be able to assert a personal injury claim that the deceased would have been able to assert, had they survived the accident—which could be for damages that include lost wages, medical bills and property damage.

In contrast, a wrongful death lawsuit would be brought for damages that the beneficiaries have experienced. In most cases, the plaintiff could seek compensation for actual damages and exemplary damages—which could be procured when the defendant's willful act, omission or gross negligence contributed to the victim's death. Some of the actual damages that can be claimed include:

  • Financial / Economic Losses
  • Mental Anguish & Suffering
  • Loss of Positive Benefits
    • Loss of Companionship
    • Loss of Love
    • Loss of Society
    • Loss of Consortium
  • Loss of Inheritance
  • Funeral & Burial Expenses

These damages can be sought from any negligent individual or party that had contributed to your loved one's untimely passing, which could include a drunk driver who caused a fatal accident or the manufacturer of a dangerous product. Since cases of this nature are often complex, however, the Dallas personal injury attorneys at Lenahan Law Firm encourage you to seek help.

When you trust in the dedicated legal team at our firm to represent your wrongful death claim, you can rest assured that you will be provided with the aggressive, compassionate and experienced legal representation that you deserve. Our lawyers work on a contingency fee basis, which means that you will not be expected to pay a cent unless we are successful in resolving your case. We understand that many of our clients have been faced with financially taxing circumstances, so we continue to provide our services without asking them to pay us out-of-pocket. For this reason, you have nothing to lose by enlisting the professional help that you will need. All you have to do is contact our firm today for a free initial consultation. You can either call at (888) 828-5630 or submit a complimentary case evaluation form online.

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