Wrongful Death Accidents

What Is Wrongful Death In Texas?

In Texas, a "wrongful death" is the death of a person caused by the "negligent, reckless, intentional or criminal" actions of another person, government body, or business or other entity.

Wrongful death cases are similar to personal injury claims, but the marked difference between the two is that with a wrongful death claim, the individual who suffered the injury is no longer able to bring his or her claim to court.

Who May File A Wrongful Death Claim In Texas?

A wrongful death case must be brought by a qualified relative or executor of the decedent's estate.

When it comes to the wrongful death of a child, Texas law stipulates different avenues through which parents or family members may receive the compensation they deserve.

  • The child's parents may seek recovery if the deceased did not have a spouse or children.
  • If separated or divorced, the parents of the child will share the ability to recover damages from the loss of their child.
  • If either parent is deceased, the surviving parent has exclusive rights to recovery.

Texas law allows two types of recoverable damages for wrongful death claims.

Types Of Recovery Available: Tangible And Intangible Damages

The first is the "full value of the life of the deceased." This type of recovery includes both tangible financial values and intangible values of the deceased child's life such as:

  • Loss of future wages and benefits as to what the child could have made had he or she survived
  • Loss of companionship and any intangible benefits the deceased child brought to loved ones

A jury may elect to award these damages depending on the age of the child and to what degree his or her future earnings can be shown.

Additional Recovery Available: The Deceased's Financial Losses

The second is specifically for financial losses as a direct result of the child's death, such as medical expenses and funeral costs. Damages that can be recovered in this type of claim include:

  • Medical expenses related to the individual's last illness or injury
  • Funeral and burial costs
  • Conscious pain and suffering endured by the individual before death

Time Limits On Texas Wrongful Death Claims

There is a strict two-year time frame in which to file and recover for wrongful death cases in Texas. However, there are cases in which this time may be paused or elongated, such as pending criminal cases relating to the incident or if the deceased's estate is not probated.

Contact Our Office – But Do Not Wait Too Long

If you have any questions concerning the wrongful death of a child, do not hesitate to contact Green Law Texas in Arlington at (817) 522-3605. We will fight hard to recover the damages you and your family so desperately deserve.

But don't wait too long. The right to bring a claim disappears after the two-year limitations period has passed.