The unexpected death of a loved one is a major trauma that can abruptly change a family’s circumstances. It can disrupt someone’s daily life, change the dynamics within their family and irrevocably alter their economic circumstances. The death of a close family member that occurs unexpectedly can inspire an assortment of practical and emotional challenges that can take years to resolve.
People often expect that insurance and other outside authorities can compensate them for the financial challenges generated when their loved one died. However, many people find that car insurance, for example, falls far short of the true financial impact a premature death has on surviving family members. A wrongful death lawsuit is a possible option for those grieving an unexpected family tragedy under certain circumstances. Who potentially has the option of filing a wrongful death lawsuit in Texas?
Close family members usually have the option of filing
A wrongful death lawsuit is a legal means of compensating surviving individuals for the practical implications of someone’s death. Therefore, the family members most affected by someone’s death are the likeliest plaintiffs in a wrongful death case.
Spouses, children and parents are often the family members to file wrongful death lawsuits in Texas. They request specific compensation based on the losses they have experienced and may likely experience in the future. The lost earning capacity of their deceased family member is often a major component of a wrongful death lawsuit. Families can also claim the economic value of the loss of services and support from the deceased individual.
There is another type of lawsuit possible after someone dies due to the negligence or bad behavior of another party in Texas. Survival actions are an option in cases where the decedent may have been able to file a personal injury lawsuit if they survived. Unlike a wrongful death lawsuit, a survival action typically comes from the personal representative of someone’s estate rather than specific surviving family members.
Those who understand how Texas state statutes protect those who have lost a loved one as a result of another’s negligence or intentional conduct may have an easier time making use of the laws in place for their benefit. As such, learning the basics about wrongful death lawsuits may help those left behind after a tragedy use the legal system to pursue justice.