Losing a loved one due to an accident caused by another person or entity may allow you to file a wrongful death action under a Texas civil wrongful death statute.
The people who are able to file a wrongful death action are the heirs of the deceased. This involves a representative of the deceased who is seeking damages from the court for personal injuries, expenses such as medical and funeral and conscious pain and suffering.
Wrongful death is generally the result of a variety of diverse situations such as medical malpractice resulting in death, negligence that caused a death, a car crash or being exposed to dangerous and toxic chemicals in the workplace. As you may be well aware, cases like this are difficult to litigate and require a highly experienced wrongful death attorney.
While it is difficult to deal with the death of a loved one due to circumstances that don’t seem to make any sense, you must consult with a qualified wrongful death lawyer well in advance of the tolling of the statute of limitations in Texas, which is typically two years from the date of the accident. There are exceptions to this rule and you must consult with a qualified wrongful death attorney in order to understand what those exceptions are.
The Texas Wrongful Death Statute actually has a rather interesting history and was first enacted in 1860. Over the years, of course, it has been amended, tweaked, changed to fit the prevailing legal requirements, and is now Chapter 71 of the Texas Civil Practice and Remedies Code. This particular statute provides the exclusive remedy for wrongful death in the state of Texas.
Prior to consulting with a lawyer about filing a wrongful death action, it would help to know that there are several basic elements of a wrongful death claim that need to be present in order to have a case. Those elements are that the deceased’s death was caused by the conduct of another person or entity; that the person or entity was negligent (or strictly liable) for the death; that there are surviving beneficiaries; and that monetary damages have accrued as a result of the death.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.