Wrongful Death Lawsuit Information
Here is some important wrongful death lawsuit information that should help you determine if you are eligible to bring a claim forward. If your loved one has died as the result of someone else’s negligence in Houston, Texas, please contact our experienced attorneys today for a free consultation.
Wrongful Death Lawsuit Information | Definition
A wrongful death lawsuit is exactly what it sounds like: a lawsuit due to the wrongful death of an individual. It’s a legal cause of action to provide compensation (and sometimes punishment) when a death is the result of someone else’s improper actions (or inaction in some cases).
Not all actions that cause the death of another will result in wrongful death liability. The actions must be the result of someone’s intentional, reckless, careless or negligent behavior. For example, imagine a car accident caused by a commercial truck driver. If the truck driver was drunk, speeding excessively or distracted because he was texting, then the truck driver is probably liable for wrongful death. But if the truck driver paid full attention to the road, obeyed the speed limit, followed all safety regulations and did everything he could avoid the accident, then it’s unlikely he has any wrongful death liability.
Wrongful Death Lawsuit Information | Who Can Bring a Claim Forward?
Under Texas law, only the deceased’s children, spouse and parents can bring a wrongful death lawsuit. This means you can’t sue for wrongful death due to losing a sibling, uncle, aunt, niece, nephew, grandparent or grandchild. It doesn’t matter how close you were to one of these relatives when they died. You are still prevented from suing for wrongful death.
Wrongful Death Lawsuit Information | Statute of Limitations
There is a time limit on when you can bring a wrongful death action. The statute of limitations for wrongful death is two years. This means you must file your lawsuit within two years of the death of the deceased. But this is not an absolute deadline, so if you miss it, all may not be lost. However, it’s helpful to have an experienced wrongful death lawyer to help you effectively argue that one of the exceptions to the two-year deadline applies to your case.
If you have lost a loved one due to someone else’s negligence and want to file a wrongful death lawsuit, please contact our experienced and compassionate Houston wrongful death attorneys today for a free consultation.