When tragedy strikes, those left behind often want answers. One of their most pressing questions may be whether they can hold another person or a business accountable. That desire for justice is one of the reasons why wrongful death statutes exist.
If a business or individual does something that causes direct harm and results in someone dying, the civil court system may offer opportunities for the grieving people left behind. However, there are strict rules that limit wrongful death litigation that people need to understand before they decide to take legal action after a tragedy.
What should people generally understand about wrongful death statutes in Texas?
Not all deaths are actionable
While every premature passing is a tragedy, not every death is a wrongful death. The law very clearly defines wrongful death as a passing that occurs due to the neglect, wrongful acts, carelessness or defaults of another party. Either businesses or individuals can face wrongful death lawsuits when they cause someone’s death through bad behavior, criminal activity, overt negligence or a failure to act.
Only certain parties can sue
Technically, wrongful death lawsuits begin with the personal representative of an estate. The person tasked with handling someone’s affairs after their death is usually the party with the authority to file a wrongful death lawsuit. The proceeds of that lawsuit usually go to the immediate surviving family members of the deceased individual. Spouses, children and parents are among those who can receive proceeds from a wrongful death lawsuit.
There is limited time to act
It often takes years for families to come to terms with their grief, especially when someone’s death was sudden and unexpected. Those hoping to pursue justice in the civil court do not have the luxury of waiting for their grief to pass before they act. The state statute of limitations gives them two years from the day of their loved one’s death to take legal action. They may therefore need to bring the matter up to the personal representative of the estate while they still find themselves dealing with the pain, depression and anger generated by intense grief.
Discussing a recent loss with a skilled legal team can help people determine whether a wrongful death lawsuit might be a worthwhile undertaking for their family. Those who have evidence of misconduct or omissions and who have experienced provable losses may find that a successful lawsuit gives them the sense of closure they need to move forward to a meaningful degree.