Who Can File a Wrongful Death Lawsuit Following a Car Accident in Texas?

 Posted on June 13, 2023 in Wrongful Death

At Alford & Clark Injury Attorneys, we know that no amount of money can replace the life of your loved one. However, when you suffer a devastating loss as a result of another person’s negligence, you may want to seek compensation. The unexpected death of your relative killed in a traffic accident will no doubt affect several members of the family. But the state of Texas limits who may sue for wrongful death in court. Although you can never be truly compensated for your loss, the attorneys at Alford & Clark Injury Attorneys, we are here to help.

Who Can File a Wrongful Death Claim?

A wrongful death is a death that could have been prevented if the party at fault had used an appropriate level of care regarding your family member’s safety. The Lone Star state established the Texas Wrongful Death Act, which allows certain family members to sue for damages when a relative is wrongfully killed. Under the law, the family members that can file a claim include the parents of the deceased, a spouse, and children of the deceased, whether they are biological or adopted. These family members do not have to each file a lawsuit individually. One person can bring a suit on behalf of those who qualify. These beneficiaries can file a claim for compensation for mental anguish and suffering too.

Unfortunately, stepchildren that have not been adopted, grandparents, or unmarried romantic partners of the deceased are not legally able to file a wrongful death lawsuit in Texas.  

In Texas, a wrongful death claim can compensate a survivor for the damages when a loved one dies. A survival-of-cause action compensates for the damages that the deceased person suffered as a result of their injuries such as hospitalization following an accident and everything in between until their death.

Four Elements of Negligence

It is important to provide evidence and witness testimony to convince a jury or judge that a wrongful death occurred and that you experienced damages. You should show that a wrongful act caused the death of your loved one by proving there was negligence in the following manner:

• Duty of Care – the party at fault owed the person who died, a duty of care

• Breach of Duty – that duty was not honored but rather ruptured

• Causation – the breach led to the person’s death

• Damages – you suffered damages as a result of the person’s death

A jury may award damages proportionate to the injury and the damages will be divided among the people who are entitled to recover and who are alive at that time.

Contact an Austin Wrongful Death Lawyer

If you have lost an immediate family member due to someone else’s carelessness Alford & Clark Injury Attorneys may be able to help you recover compensation. An experienced San Antonio wrongful death attorney will aggressively pursue your case. Call 210-951-9467 for a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm