Losing someone you love the most is one of the hardest things you’ll ever go through. The pain becomes even worse when you know their death could have been prevented. Maybe it was a careless driver, a medical mistake, or an unsafe place, it doesn’t feel fair.
In Texas, McKinney, families who go through this pain have the right to take legal action through something called a wrongful death lawsuit. It is a way to seek justice, get the answers, and receive financial help during these difficult times.
In this article, we’ll walk you through what wrongful death lawsuits are, who can file them, how they work in Texas, and what you should keep in mind if your family is facing such a loss.
What Is a Wrongful Death Lawsuit in Texas?
In simple terms, a wrongful death lawsuit is a legal case that families file when their loved one dies due to someone else’s carelessness, mistake, or harmful action.
It is not a criminal case, so it doesn’t send anyone to jail. Instead, it is for seeking justice and financial help for things like funeral costs, lost income, and emotional pain. For example, if someone dies due to a car crash caused by a drunk driver, the family may have the right to sue.
The main goal of a wrongful death lawsuit is to hold the responsible person or a company accountable and to help the family recover from the loss.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law is very specific about who can file a wrongful death claim. Only the following people can file a claim:
• The surviving spouse
• The children (including the adopted children)
• The parents (including adoptive parents)
According to Columbia Wrongful Death Lawyer from Stewart Law Offices, these people in Texas can file the lawsuit either individually or together. If none of them files a lawsuit within three months of the person’s death, the executor of the deceased person’s estate may file the claim, unless the family specifically requests that no lawsuit be filed.
Siblings, cousins, and friends cannot file a wrongful death case in Texas.
Do You Need a Lawyer for a Wrongful Death Lawsuit?
It is generally a good idea to seek help from an experienced lawyer. An experienced wrongful death lawyer in McKinney can help you deal with insurance companies or large businesses.
A skilled lawyer knows how things work in Texas and can guide you through every step. They will collect evidence, talk to witnesses, and handle all other legal matters.
Most lawyers in Texas work on a “no win, no fee" basis, which means you have to pay them only when you win the case. This way, you can get the support you need during these difficult times without worrying about the upfront costs.
So, having the right lawyer by your side can make the process smoother and increase the chances of winning the case.
What Needs to Be Proven in a Wrongful Death Case?
To win a wrongful death case, you or your lawyer need to prove that:
• A person died
• Their death was caused due to someone else’s negligence, carelessness, or intentional act.
• The surviving family members are suffering financially and emotionally due to the death.
You don’t have to prove that the person meant to cause harm, only that their actions or inaction directly led to the death. For example, if a company didn’t maintain safety equipment properly and it led to a deadly accident, they could be held responsible.
How Long Do You Have to File a Lawsuit?
In Texas, the time to file the case is generally two years from the date of death. This is also known as the “Statute of Limitations.”
However, in rare cases, the time limit can be extended, such as if the surviving family members were minors at the time of death. But in most cases, if you miss the deadline, which is two years, you’ll not be able to file the case.
This is why it is important to talk to a wrongful death lawyer in Texas as soon as possible. They can guide you through the process and ensure that you don’t miss any deadlines.
Summing Up
A wrongful death lawsuit can’t take away your pain, but it can offer some comfort and stability during a very difficult time. It’s about holding people accountable and making sure your family doesn’t suffer financially because of someone else’s mistake.
If you’ve lost a loved one due to someone’s negligence in Texas, don’t wait. Reach out to an experienced wrongful death attorney who can listen to your story, explain your options, and help you decide the best path forward.
