What Constitutes a Wrongful Death?

Texas Civil Practice and Remedies Code §71.002 notes that any death that results from a wrongful act, carelessness, neglect, unskillfulness, or default constitutes a wrongful death. The death itself does not have to be intentional.

Texas Civil Practice and Remedies Code §71.004 notes that the decedent’s spouse, children, or parents have the right to initiate legal action and recover compensation. However, if these parties do not initiate action within three months of the decedent’s passing, then the decedent’s estate executor or administrator may bring forth action.

The deadline

Under Texas Civil Practice and Remedies Code § 16.003, a wrongful death lawsuit generally has to be filed within two years of the death. A few situations can change that clock, so don’t assume you have more time than that.

After losing a loved one in a wrongful death situation, many bereaved families seek legal support to handle the obligations involved with recovering compensation.

Common Causes of Wrongful Death

If you are interested in filing a Texas wrongful death claim or lawsuit, you may have lost a loved one in any one of the following circumstances:

Car accidents

Drunk drivers, speeders, people looking at their phones and defective vehicles cause most of the fatal crashes we handle in Houston. Each one leaves evidence that has to be locked down early.

Motorcycle accidents

A rider has almost no protection in a crash. A driver who turns left in front of a bike or changes lanes without looking can kill someone at city speeds, and the insurance company will try to blame the rider anyway.

Slip and fall incidents

Falls hit older people hardest. A wet floor, a loose rug, a broken stair or a dark parking garage can cause a fatal fall, and a property owner who ignored the hazard can be held responsible.

Dog bites

Animal owners have a legal obligation to keep their pets from harming others. Kids get hurt the worst. Sometimes it isn’t the bite that kills, it’s the infection that follows.

There are many other reasons why your loved one’s life may have been cut short. Pedestrian accidents, work-related accidents, and criminal acts cause thousands of fatal injuries each year.

Legal Elements that Constitute a Wrongful Death Case

You may be able to file a wrongful death claim or lawsuit if you lost a loved one under preventable circumstances. Our Houston wrongful death lawyers investigate what happened and prove each of these elements under Texas law.

To claim damages, the following elements must be established:

Duty of Care

The other party owed a duty of care to the decedent, such as driving a vehicle safely and responsibly.

Breach of Duty of Care

The responsible party failed to take reasonable steps to comply with their duty of care. For instance, if a driver chose to operate a motor vehicle while impaired by drugs, they effectively breached their duty of care.

Causation

You must prove that because the at-fault party breached their duty of care, they caused the accident in which your loved one passed away.

Damages

Finally, the death has to have cost your family something the law recognizes. That can be lost financial support, but it doesn’t have to be. Texas families recover damages for mental anguish and the loss of companionship even when the person who died earned nothing, like a child or a retired parent.

Possible Recoverable Damages in Wrongful Death Cases

When you’ve just lost a loved one, sorting out your legal options can feel like too much. Bills pile up fast, because life keeps going and so do the financial responsibilities. A lawyer can take on the work of recovering compensation for your expenses so you don’t carry it alone.

You and other beneficiaries may be able to recover the cost of the following expenses:

• Loss of care, comfort, companionship, and emotional support and guidance
• Lost benefits such as retirement, pension, medical, or health insurance coverage
• Lost earnings
• Loss of inheritance
• Funeral and burial expenses
• Medical expenses for any treatment provided due to the accident before the decedent’s death
• Mental and emotional anguish

You may be able to recover the cost of other damages not included here.

Legal Representation When It Matters Most

If a loved one died because of circumstances another party caused, Blass Law can pursue the compensation you need for your expenses, with real compassion and care for what you’re going through.

If you lost someone because of another person’s carelessness, call (713) 664-4000 or fill out our contact form. The consultation is free, and we’ll tell you whether your family has a claim. You can also read more on our Houston wrongful death lawyer page.