Losing a loved one is never easy, but the pain is magnified when it is the result of someone else's negligence or wrongdoing. When a person passes away due to a preventable accident, illness, or criminal act, the victim's family can file a wrongful death claim to seek financial compensation for their loss.
At Howry, Breen & Herman, LLP, our Georgetown wrongful death attorneys can help you seek the justice and compensation you deserve. Our legal team is committed to providing compassionate, personalized service and aggressively representing the interests of our clients.
What is a Wrongful Death Claim?
When someone dies as the result of someone else's wrongful or negligent actions, the victim's family can file a wrongful death claim. This type of claim is used to recover compensation for the victim's loved ones who have suffered financial and emotional losses due to the victim's death.
In Texas, the victim's family can file a wrongful death lawsuit against any person or entity that may be held liable for the victim's death. Common defendants in wrongful death claims include the victim's employer, the party responsible for operating the vehicle that caused the accident, the manufacturer of a defective product, or the doctor who made a fatal medical error.
Depending on the circumstances of the victim's death, our Austin wrongful death lawyers can help you pursue compensation for all of the following:
- Medical expenses
- Funeral expenses
- Lost wages
- Loss of companionship
- Loss of inheritance
- Pain and suffering
- Punitive damages
The value of your claim will depend on the specifics of the case, but our attorneys can help you explore all of your legal options. In Texas, families have two years from the date of death to file a wrongful death lawsuit.
Who Can File a Wrongful Death Claim in Texas?
In Texas, a wrongful death claim can be filed by certain individuals who are closely related to the deceased person and have suffered damages due to the death caused by someone else's negligence, recklessness, or intentional actions. The specific individuals who can file a wrongful death claim in Texas are defined by the Texas Civil Practice and Remedies Code, section 71.004.
The following parties are generally allowed to file a wrongful death claim in Texas:
- Spouse: The surviving spouse of the deceased person has the primary right to file a wrongful death claim.
- Children: If there is no surviving spouse, the deceased person's children may file a claim.
- Parents: If there is no surviving spouse or children, the parents of the deceased person may file a claim.
- Executor or Administrator: If none of the above-mentioned parties have filed a claim within three months of the person's death, the executor or administrator of the deceased person's estate may file a claim on behalf of the estate.
How We Can Help You During This Difficult Time
We recognize that no amount of legal action can fully mend the void left by a wrongful death, but we firmly believe in the power of accountability to bring closure and promote healing. With a legacy of legal excellence, a reputation for compassionate client care, and an unyielding dedication to justice, Howry, Breen & Herman, LLP is here to walk alongside you on this challenging journey.
Let us navigate the legal intricacies on your behalf, while you focus on preserving the memory of your loved one. Your story deserves to be heard, and together, we can work towards a brighter future even in the midst of profound loss.