Wrongful death lawsuits allow families to take action after a tragedy. A wrongful death lawsuit can lead to a sense of closure and also economic compensation for surviving dependent family members.
Texas has very thorough statutes in place regarding wrongful death litigation, and prospective plaintiffs need to understand the rules that apply. What rules are among the most important for those hoping to file a wrongful death lawsuit?
1. The statute of limitations
People affected by the misconduct or negligence of others do not have an indefinite right to take legal action. State law limits the initiation of lawsuits by imposing a statute of limitations on personal injury claims. Those expecting to pursue a wrongful death lawsuit generally need to act promptly, as they usually only have two years from the date of their loved one’s death to file the lawsuit.
2. Rules about who can file
Typically, wrongful death lawsuits come from family members. Surviving spouses, parents or children of the deceased individual can initiate a wrongful death lawsuit. In cases where there are no family members to file or where family members do not take action within three months of the decedent’s passing, the personal representative administering the deceased person’s estate could file the lawsuit instead.
3. Rules governing compensation
People cannot just demand millions of dollars. They can request actual economic losses, as well as certain non-economic losses. In cases that meet the relatively strict legal standard, the law also allows plaintiffs to request exemplary or punitive damages. Exemplary damages are a form of consequence for the defendant rather than compensation for actual losses.
Reviewing the circumstances of a recent tragedy with a skilled legal team can help families evaluate their options. Wrongful death litigation can be very complex, but it can also help families heal after a tragedy.