Texas Wrongful Death: Deciding Whether to Pursue Wrongful Death Lawsuits
One of the most difficult claims that a personal injury law firm in Houston has to handle is Texas wrongful death lawsuits. While everyone who has lost a loved one to an accident or machinery malfunction may feel as if they have suffered unnecessarily, there are some cases where the law recognizes that the family left behind is entitled to compensation for their loss. These types of lawsuits may be warranted in cases where an individual has been killed due to the negligence of another person or entity. Personal injury lawyers are experienced in studying the specifics of every claim and deciding if there is a basis for pursuing a wrongful death claim.
Who is able to file a claim for wrongful death?
In the State of Texas, the immediate family members are the only ones who can file wrongful death lawsuits. Houston spouses, children and parents have the right to file this type of suit; however, minors under the age of 18 usually require a “guardian ad litem” in order to take their case before a court.
Can survivors pursue a personal injury claim in addition to wrongful death lawsuits?
Yes. There are times when a person who has been severely injured due to the negligence of another person or entity will attempt to pursue a personal injury claim, but will pass away before the case has been settled by the courts. In these instances, the victim’s family may step in and represent the victim until the case has been settled.
The good news is that even though the victim and family have been posthumously, the family is still entitled to pursue a wrongful death case. The laws in Texas provide for this situation; however, families of these wrongful death victims will need to work very carefully with a personal injury law firm in Houston to find out if the specifics of their case meet these regulations.
What is the statute of limitations for a wrongful death claim in the State of Texas?
In the State of Texas, families of the victim must file a claim for wrongful death within two years after the victim’s death. There are clear stipulations on when the time frame begins and ends; this may be from the time of the actual victim’s death, or from the time in which the cause of death was discovered. Even a valid claim may be denied if it is filed after the statute of limitation has expired. If you believe that you have the circumstances it takes to file a wrongful death claim, it is very important to speak immediately with a personal injury law firm in Houston.
When you need a local firm that has extensive experience in Texas wrongful death lawsuits, Houston residents can confidently turn to The Kahn Law Firm. Our staff of capable and compassionate attorneys will work hard to ensure that the families of wrongful death victims are fairly compensated for their loss. Call us today at 713-226-9900.
