There are no words that can express the loss of a loved one. When an unexpected accident takes a family member, there is tremendous confusion, stress, and pain. Along with the emotional heartache, remaining family members must also deal with financial burdens including costs associated with the funeral, medical bills, and lost wages.
When all seems lost, know that Ramos James Law, PLLC, is by your side. If your family is, unfortunately, dealing with the loss of a loved one because of another party’s negligent behavior, then do not hesitate to contact Ramos James Law, PLLC. We understand that the loss of a loved one can be overwhelming, that it is why it is our desire to provide you with compassionate legal assistance you need to minimize the burden.
Who Can File a Texas Wrongful Death Claim
A wrongful death arises from the “wrongful act, neglect, carelessness, unskillfulness, or default” of a responsible party. In the state of Texas, only certain family members are allowed to file a wrongful death claim.
In most cases, a surviving spouse, children, and/or parents are legally allowed to file a wrongful death claim. These persons may file the claim as a group or as individuals. If these family members do not file a claim within three months of the date of death then the personal representative or executor of the deceased’s personal estate may do so.
Adult children may file wrongful death claims for the loss of a parent.
It is important to note that in Texas, surviving siblings are not allowed to file a claim. Consult with Ramos James Law, PLLC, today to see if you have a claim. Call us at (512) 537-3369.
Common Causes of Wrongful Deaths
A wrongful death can occur for any number of reasons. When negligent actions take place or there is a failure to prevent the accident, a wrongful death can leave families wounded for life.
Some of the most common causes that lead to wrongful death claims include:
- Auto accidents
- Commercial vehicle accidents
- Drunk driving accidents
- Workplace accidents
- Defective products
- Criminal acts
- Medical malpractice
- Construction accidents
- Oilfield accidents
Damages in a Wrongful Death Claim
Depending on the circumstances of the claim, families may be eligible to obtain compensation for losses that include:e:
- Loss of wages and future earnings of the decedent
- Loss of benefits of the decedent
- Loss of companionship
- Mental anguish
- Punitive damages
- Medical expenses
- Funeral costs
- Property damage
- Pain and suffering the victim may have experienced
- In certain claims, exemplary damages may also be recovered.
Please be aware that Texas has a two-year statute of limitations for all wrongful death lawsuits.
If you believe your loved one was the victim of a wrongful death, do not hesitate to contact Ramos James Law, PLLC, today. We have the skill, compassion, and dedication to prevent your family from suffering more than you already have.