The Death of a family member can be shocking. You may not realize until months or years later that another person was responsible for your relative’s demise.
If you believe that someone else is liable for your loved one’s death, then you may have grounds for a Wrongful Death action. However, you will only have a certain amount of time to file a claim.
The Wrongful death lawyers at TK Injury Lawyers are here to assist you. We have represented thousands of clients in wrongful death claims and lawsuits.
What is Wrongful Death?
Texas law defines “wrongful death” as an injury that causes an individual’s death. Liability may be brought against an individual or another person who acts on the individual’s behalf.
A person can be found liable for wrongful death if the injury was caused by that person’s wrongful act, neglect, carelessness, unskillfulness, or default.
Additionally, the wrongdoer can be liable for damages if the injury that caused the death was the result of unsafe conditions related to a railroad, street railway, or machinery under the person’s control or operation.
Who Can File a Wrongful Death Claim or Lawsuit?
In every jurisdiction, there are certain people who are allowed to take legal action for wrongful death. These parties are known to have standing.
In Texas, a wrongful death action can only be filed by wrongful death beneficiaries, including the deceased’s surviving spouse, surviving children (natural or adopted), or surviving parents (natural or adopted). Surviving siblings of the deceased do not have standing to file a wrongful death claim.
If none of the authorized individuals bring the case to court within three months following the decedent’s death, then the personal representative or estate administrator can initiate the suit. The only issue would be if an interested party objects.
Wrongful Death and Negligence
In 2022, there were 4,481 deaths caused by automobile accidents, a leading cause of wrongful death.
Wrongful death is usually caused by another person’s negligence. Negligence is the failure to take reasonable care in completing a task. In order for an act to be considered negligent, a person must not meet the level of care that a person of reasonable intelligence would exercise in a similar situation.
Failing to take reasonable care can involve action, but it can also apply to an omission. An omission is a failure to act when necessary.
Negligence consists of four elements:
- Duty: the defendant (the party being sued) had a duty to exercise reasonable care;
- Breach: the defendant broke that duty through an act or omission;
- Causation: the injury to the plaintiff (person filing the lawsuit) was a foreseeable consequence of the defendant’s actions;
- Damages: as a result of the defendant’s actions, the plaintiff has suffered injuries.
All of these elements must be satisfied in order for the plaintiff to be eligible for relief.
Limitation Period
In civil and criminal cases, there is a certain amount of time in which an injured party is permitted to take legal action. This is known as a statute of limitations.
Wrongful death is no different. According to the Texas Civil Practice and Remedies Code § 16.003, a person only has two years after an individual’s death to take legal action. The cause of action (that allows a plaintiff to take legal recourse) begins on the date of the injured person’s death.
However, if your loved one died due to exposure to asbestos or silica, you may have more time to take action for your grievance. You will most likely have to file a separate claim.
According to the Texas Civil Practice and Remedies Code §16.0031, for asbestos-related or silica-related injuries, the clock begins “ticking” on the earlier of the following dates:
- the date of the exposed person’s death; or
- the date that the claimant serves on a defendant a report prepared by a board-certified physician in pulmonary medicine, internal medicine, oncology, or pathology; complying with Texas law for claims involving either asbestos-related or silica-related injuries
In order to effectively present your case, evidence must be preserved. When too much time has passed, witnesses will not remember events as clearly, and physical evidence may become faded or lost.
Even if you think that it is too late to file a wrongful death claim or lawsuit, you should speak with an Austin wrongful death attorney to discuss your legal options.
A Devoted Austin Wrongful Death Lawyer
Nobody can bring back your loved one. At TK Injury Lawyers, we cannot begin to understand the pain you are experiencing, but we know that you do need closure. Let us seek justice on your family member’s behalf. Contact us today to schedule your free consultation.
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