Losing a loved one will always be a difficult time to get through. When you lose someone due to someone else’s negligence, you are left devastated, and probably wondering what to do now? You have options. In Texas, wrongful death statutes outline the legal framework for holding responsible parties accountable. Immediate family members, including spouses, children, and parents, have the right to file a wrongful death claim. Two years from the date of death, the state of Texas imposes a statute of limitations for wrongful death claims. It is important to act within this timeframe to ensure justice and compensation. If you plan to file a wrongful death claim, it is vital to educate yourself and review the following tips. 

Tip #1: Know the Difference Between Wrongful Death Claims and Survival Actions

It is easy to get these two confused, but they are actually two completely different types of claims. A wrongful death claim allows surviving family members to sue for the damages caused by another person when their loved one is killed. Family members can be compensated for financial and emotional distress. Survival actions on the other hand, are filed by the deceased’s estate and aim to recover damages the deceased would have been entitled to, such as medical expenses and lost wages. 

Tip #2: Find Out How Much You Can Be Compensated For

In the state of Texas, surviving family members of the deceased can seek compensation for the loss of their loved one. Compensation can cover both economic (medical expenses, funeral costs, and loss of future earnings) and non-economic damages (pain and suffering, loss of companionship, and mental anguish.) The deceased age, earning potential, and level of dependency of other family members are all factors that influence damage calculations. The cap in Texas for non-economic damages is $750,000, while economic damages have no statutory limit.

Tip #3: Know Who to Contact

When you file a wrongful death claim against someone, you are required to prove that your loved one died as a result of the defendant’s actions. To be able to do so, you need to provide a wide range of evidence, from medical records to expert testimonies, which is something you might not be able to do on your own. Insurance companies are notorious for bullying plaintiffs who do not have proper legal representation. This is why it is important to hire a wrongful death attorney, who can gather the evidence needed for your case, establish the culpability of the defendant, and recover damages through settlement or litigation.

Choose the Right Wrongful Death Lawyer to Represent You

If you have lost a loved one due to someone else’s negligence, don’t hesitate to contact us for expert guidance and support. Thomas J. Henry Law has represented injured clients since 1993. We have secured record-breaking settlements and verdicts for our clients and have built a reputation as a firm that can successfully litigate against the largest defendants in the world, including Fortune 500 and 100 companies. With a team of more than 200 experienced personal injury attorneys and 350 supporting staff members, clients can rest assured that there is always someone working on their claim. Contact us to help you get the relief you need. Your safety and well-being are our top priorities.