No family should have to go through losing a loved one before their time, especially if that loss happens because someone else acted irresponsibly or unlawfully. If your family is facing this unimaginable situation, taking legal action may understandably be a low priority compared to managing your family’s affairs and working through your grief.
While civil compensation cannot restore this loss, pursuing fair financial restitution with a personal injury attorney’s guidance could stabilize your finances and preserve your long-term interests. A Montgomery County wrongful death lawyer could be by your side throughout this stressful and legally complex process, working diligently to enforce your rights and pursue an optimal outcome.
Broadly speaking, the kinds of incidents that could give rise to a wrongful death claim are the same ones that could justify an injury lawsuit. For example, someone causing injury to another person through a careless, reckless, or intentional act in violation of a duty of care. Since the person directly impacted by that act cannot file suit themselves, surviving family members may pursue legal action in a deceased person’s name.
Specifically, as per Texas Civil Practice & Remedies Code §71.004, the right to file a claim belongs exclusively to the decedent’s surviving spouse, children, and parents for the first three months following their death. After that, the executor or administrator of the decedent’s estate has legal standing to pursue litigation on behalf of those surviving family members and the estate itself, provided all surviving family members do not request not to pursue litigation.
Importantly, any person eligible to pursue this claim has two years maximum to do so under TX Civ. Prac. & Rem. Code §16.003, starting when the decedent passed away. Support from an attorney in Montgomery County could be key to constructing a comprehensive wrongful death lawsuit or settlement demand within this strict time limit.
Various losses—both economic and non-economic in nature—sustained by a deceased person, their estate, and surviving beneficiaries may factor into a wrongful death claim, potentially including:
A court may additionally impose punitive damages against a defendant who causes another person’s death through any willful act or omission of gross negligence. A wrongful death lawyer in Montgomery County could go over possible compensable losses for a specific case in more detail during an initial consultation.
It can be difficult for anyone who just lost a family member to think about adding civil litigation to your plate in the weeks and months immediately afterward. Demanding financial compensation from the person responsible for your loss could be crucial to minimizing the negative effects of this tragedy in the years to come.
Speaking with a Montgomery County wrongful death lawyer could offer clarity and guidance about what options for recovery might suit your family best. Call today to schedule a meeting.