Losing a loved one is always devastating. But the grief and loss become even more overwhelming when death is caused by the negligence of another person.
Unfortunately, Houston records more car accidents than any other city in Texas. Although the city holds only 8% of the state’s population, statistics show that 16% of all Texas accidents happen here. This accident rate is also why wrongful death claims in Houston, TX, are on the rise.
Texas law allows surviving family members to file a wrongful death claim after a crash that claimed a loved one’s life. This claim is filed against the responsible party.
This means if you suffer the loss of a loved one in an accident, there is recourse for you. You can file a lawsuit on behalf of the deceased’s estate or your family, should their death be the direct result of negligence or wrongful acts of another party.
As a side note, wrongful death claims are not the same as survival claims. If your loved one incurred damages (medical costs) between the time of injury and death, you would typically pursue a survival claim.
Filing a Wrongful Death Claim
Wrongful death refers to an incident in which someone dies because of the negligent actions of a person or party.
Texas law allows several parties to file a wrongful death claim after a fatal accident. If you are a surviving spouse, you can file a claim. This rule applies to married couples and common-law spouses. However, common-law spouses typically have to meet specific common-law marriage requirements.
Biological and adopted children of the deceased may also file a wrongful death claim. Parents of the deceased can also file a claim, but only if the deceased has no children or spouse.
The filing of a wrongful death claim also usually happens in that order. A surviving spouse has the first right to file a claim. If there is no spouse, the right passes to the children. The deceased’s children can file a collective claim or claim individually. As mentioned above, if there are no spouses or children, the deceased’s parents have the right to file a claim.
If there are multiple eligible parties (spouse, children, parents), they could file a claim together. The court will decide how the compensation is split between the parties. In cases like this, the children’s ages and financial dependency on the deceased will be considered.
What Happens if No One Files a Claim
In some cases, non-family members of the deceased can file a wrongful death claim. If no one files a claim within three months of the accident and subsequent death, the estate executor or administrator can file a claim on the deceased’s behalf. However, they can only do so with permission from eligible family members.
In addition to this 90-day limit, there is also the statute of limitations to consider. In Texas, you only have two years to initiate a wrongful death claim. There may be exceptions, so it is best to consult a wrongful death lawyer to determine if they apply to your situation.
Consulting a Wrongful Death Lawyer
If you are considering filing a claim, you should hire an experienced wrongful death lawyer. Pursuing a claim alone is possible, but it may be exceptionally challenging while grieving and trying to process what has happened.
Your lawyer will support and guide you through the claims process, which may take several months or years, depending on your specific case. Moreover, your lawyer will have the experience and expertise to handle your case while navigating the legal system. They will help you understand what you can claim and what your rights are according to Texas law.
The lawyer will investigate the accident that caused the death of your loved one. They will speak to different experts, get statements from witnesses, and get copies of medical records. When your lawyer has all the evidence, they will negotiate with insurance companies to get you a fair settlement.
Keep in mind that negotiations with insurance providers are not always successful. If the insurer does not want to pay, your lawyer can take your wrongful death case to court. Here, they will represent you and argue your case.
Moving On After a Wrongful Death Settlement
Unfortunately, settling a wrongful death claim will not take away the pain of losing someone you love. But you can take some comfort in knowing that you and your family will be taken care of in the long term.
A wrongful death claim can also hold the responsible party accountable and prevent them from repeating their negligent actions.
