If your loved one has been killed because of the carelessness or intentional actions of another person, you may be eligible to file a wrongful death lawsuit. In Texas, a wrongful death lawsuit can be brought if a wrongful act, neglect, or carelessness of one party causes the death of another person.
However, only certain people are eligible to bring wrongful death lawsuits. Under Texas law, the surviving spouse, children, and parents of the person killed can bring the lawsuit. However, the lawsuit must be brought within three months of the individual’s death. If a wrongful death suit has not been brought, the executor or the personal representative of the individual’s estate can bring the lawsuit instead. In many cases, there may be criminal charges filed as well – a civil lawsuit is in addition to any criminal charges that may be brought.
If successful, a number of damages can be recovered in a wrongful death suit. The plaintiffs can recover for mental and emotional anguish, the pain and suffering of the decedent, lost earning capacity of the decedent, medical and funeral expenses, and loss of inheritance. In general, wrongful death lawsuits must be brought within two years of the decedent’s death.
If your loved one has been killed because of the wrongful actions of another party, call the Houston personal injury attorneys at Kennedy Hodges at 855-947-0707. We can help. Call today to learn more or to schedule a free consultation.