Understanding Wrongful Death Laws in Texas
When an accident occurs and someone loses their life in the midst of the accident, the surviving family can bring a claim against the party who may have behaved negligently which caused the incident to transpire. This would be recognized as a wrongful death and there is legal recourse that can be taken if you believe your loved one was wrongfully killed in an accident that occurred in Mission, Texas.
To learn about the forms of legal action you can take and what process you must go through, it is best that you speak with a knowledgeable and skilled accident lawyer in Mission, TX. Speaking with an attorney who is familiar with the current wrongful death laws in the state of Texas as well as the city requirements to file a lawsuit can help you to become more informed on the matter and prepare you to initiate the process.
The state of Texas recognizes the following as viable grounds to pursue a claim and hold a party liable for their loved one’s death if:
- The death was caused by a person or entity such as a business, because of their wrongful act, carelessness, unskillfulness, or default [Source: Title 4. Chapter 71. Sec.71.002].
Some examples of when a person might file suit for the wrongful death of their loved one are presented below:
- A worker who wasn’t properly trained or given the right equipment falls or engages in another type of accident which led to their death. Had their employer followed through with their responsibilities, the employee would have still been alive.
- A nurse or other healthcare professional accidentally gives a patient the wrong medication or waits too long to provide treatment which results in their death.
Who is entitled to recover damages for the wrongful death of their family member?
The following individuals are given the right to pursue a wrongful death lawsuit:
- The surviving spouse
- Parents of the deceased
- The decedent’s executor or administrator in the event none of the above-mentioned individuals does not file suit within three calendar months after the death of the individual.
The guidelines to file a wrongful death lawsuit are similar to those in a personal injury case. A personal injury lawsuit is filed when an individual sustains an injury which was caused by the careless actions of another. However, in a wrongful death lawsuit, while the same rules apply and negligence does need to be proven, the person who was harmed is not around to file suit which is why their family steps in and files on their behalf.
Let Our Accident and Injury Attorneys in Mission, TX Supply You with the Information You Need
Understanding your state’s laws in regards to filing a wrongful death lawsuit is important as every state has their own rules and criteria that must be met in order for a party to proceed on with the legal action they wish to take. Therefore, if your loved one was killed in an accident that occurred in or near Mission, Texas, we encourage you to give us a call and allow us to connect you with the right attorney to handle your case.