Texas Personal Injury Law Firm – Buzbee Law Firm – Just Win


Can a Family Sue for Wrongful Death?

When you lose someone you love, everyday life can become even more difficult. In addition, you now have to go through a legal process as you’re still grieving your loss. But as a family member, you deserve justice, and you can get it by filing a wrongful death claim. 

But don’t worry; our team of wrongful death attorneys is here to help you through it. At the Buzbee Law Firm, we care about getting compensation for your loss so that you can pay essential costs and return to your daily life. 

We offer a free case consultation where we’ll evaluate your case to verify that you have an eligible claim and give you an estimate of the damages you can receive. 

What Family Members Can File a Wrongful Death Claim in Texas?

Texas state law says that the decedent’s spouse, children, and parents can all file a wrongful death claim for the loss of their family member. Filing a wrongful death claim is the start of getting justice for your loved one. 

If one or more person in the deceased person’s family files a wrongful death suit, it will be condensed into one lawsuit. This will help your lawyer navigate the case easier while still maintaining family members’ right to compensation.  

Filing a claim in a time of loss may be difficult and even confusing, which is why our attorneys are dedicated to helping you through this process. One of our Texas wrongful death attorneys can help you verify that you have a case and give you an estimation of damages in a free case consultation.

How Long Do I Have to File a Wrongful Death Claim?

According to Tex. Civ. Prac. & Rem. Code § 16.003(b), you will have two years from your family member’s death to file a wrongful death claim. We recommend that you file your wrongful death claim as soon as possible. By doing this, you increase your chances of a higher settlement, and you give your lawyer more time to gather evidence to build your case. 

If you end up filing your claim more than two years after your loved one passed, you won’t be able to get any form of compensation. This is why it’s essential to meet with a passionate wrongful death attorney in Texas. 

Despite the statute of limitations of two years after the person’s death, you may have more or less time to file your claim depending on the details of your case. The only way to know how much time you have to file is to get in touch with an attorney.

What Damages Can I Recover in a Wrongful Death Case?

The damages that you can get in a Texas wrongful death case are split up into three different types of damages. We’ll go over these damages and give examples of each. You may be able to receive the following types of damages:

Economic Damages

Economic damages are damages that have a dollar value that you have lost because of your loved one’s death. Some examples of damages you may be able to receive include:

  • Funeral and medical expenses as a result of the person’s death 
  • Lost expected earnings of your loved one
  • Loss of pensions, medical coverage, and other benefits
  • Loss of inheritance due to your loved one’s unexpected death 
  • Value of goods and services your family member would have provided 

Non-Economic Damages

Non-economic damages are damages without monetary value, but they represent the pain and other general losses you have lost due to your family member’s death. Some non-economic damages that you may receive are: 

  • Mental anguish 
  • Pain and suffering 
  • Loss of care, protection, counseling, guidance, and advice of your loved one
  • Loss of love
  • Loss of consortium for the surviving spouse

Punitive Damages

The third type of damages you may get compensation for is punitive damages. This type of damage is awarded to punish the negligent party for their actions. The goal of punitive damages is to prevent the defendant, as well as other people, from repeating the actions. 

Punitive damages are usually awarded when the defendant’s act demonstrates gross negligence. Some states do not allow punitive damages in wrongful death cases, but Texas does. Your wrongful death lawyer can help you determine if your case can receive punitive damages.

After discussing all the types of damages you may be able to receive for the loss of your loved one, you may be feeling a bit overwhelmed. But there’s no need to be because our lawyers can help you understand the damages that your case is qualified for. 

Contact the Buzbee Law Firm to Build Your Wrongful Death Case Today

Losing a family member is always heartbreaking, and our team of lawyers understands. That’s why we’ll take our time when explaining your case’s damages and how long you have to file your claim. At the Buzbee Law Firm, we care about you and your family, so that’s why we work hard to get you the compensation you deserve. 

If you’re ready to get justice for your loved one, we’re ready to help. Call us or fill out the contact form on our website to get your free case consultation today.