Wrongful death occurs in Texas when a person is killed by “the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.” When this happens, the law allows specific persons to file a wrongful death lawsuit and seek damages. The first step in filing a claim of this sort is contacting an experienced wrongful death lawyer in Lubbock TX.
Who Can File a Wrongful Death Claim?
Only certain people can file for wrongful death in Texas. They including the surviving spouse, the children (biological and adopted), and the parents (biological and adoptive) of the decedent. The personal representative of the deceased person may also sue.
What Damages Are Available?
Various types of damages can be claimed in a wrongful death lawsuit. For example, you may make a claim for the lost earning capacity of a decedent or a lost inheritance (what the deceased would have made in their lifetime). You may also make a claim for loss of companionship and for emotional pain and mental anguish. Additionally, you can claim exemplary damages if the defendant acted willfully or was grossly negligent.
What is the Statute of Limitations?
Texas wrongful death suits are bound by a statute of limitations. After a death occurs, a lawsuit must be brought within two years after the death. There are some exceptions to this rule, such as the plaintiff being a minor and fraud. You can browse Kblankenshiplaw.com for more information statutes of limitations and other personal injury matters. Contact Kyra K. Blankenship Attorney today for skilled a wrongful death lawyer in Lubbock TX.
