We are sorry for your loss. Money cannot replace the person you love, and no lawyer should say it can. Still, Texas law gives certain families a way to hold a responsible party accountable. Families often ask: “How is that decided?”
Who can bring the claim
A person is liable for damages from an injury that causes an individual’s death if the injury was caused by the person’s wrongful act, neglect, carelessness, unskillfulness, or default. The action is for the exclusive benefit of the surviving spouse, children, and parents of the person who died. One or more of them may bring it for all.
What the jury is asked to do
The statute says the jury may award damages in an amount proportionate to the injury resulting from the death. The damages awarded are divided, in shares found by the jury, among the individuals who are entitled to recover and who are alive at that time.
What a family can gather
- Records showing the person’s work, income, and benefits.
- Photographs and stories showing the person’s role: parent, spouse, caregiver, provider.
- Funeral and medical bills.
- The crash, incident, or death records.
You do not need to do all of this at once. Take the time you need.
When the death was caused by serious misconduct
If the death was caused by a willful act or omission or by gross negligence, exemplary damages may be recovered in addition to actual damages.
Do not rush into a settlement
An insurer may contact the family soon after the death. You do not have to give a recorded statement, and you should talk with a lawyer before you sign anything.
Timing
If no eligible family member begins a wrongful death action within three calendar months after the death, the executor or administrator of the estate must bring it, unless all of those family members ask that it not be brought. A suit for an injury that results in death generally must be brought within two years, and the cause of action accrues on the death of the injured person. Other deadlines can apply, including for government defendants and maritime deaths.
Lost a loved one because of someone else’s negligence? Contact Leatherwood & Schindler, PLLC today.
If you or someone you love was injured or killed because of someone else’s carelessness, talk with attorneys Hogan Leatherwood and Claire Schindler at Leatherwood & Schindler, PLLC today to discuss your personal injury case. Call us toll-free at (877) 664-6665 or visit lstrial.com. Every consultation with any lawyer at Leatherwood & Schindler is free and confidential.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee a similar result. Sending us a message does not by itself mean we represent you; please do not send confidential details until we confirm that we can discuss your matter. Attorneys responsible for this content: Hogan Leatherwood and Claire Schindler, Leatherwood & Schindler, PLLC, 2000 West Loop S., Suite 2200, Houston, Texas 77027.