It sounds like everyone’s worst nightmare–a parent, sibling,
or spouse dies at the hands of someone else, usually by malpractice or
a preventable cause. Examples include when doctors make clinical mistakes,
children daycares that do not properly supervise infants, and babysitting
websites that do not check the credentials of their posters. A
wrongful death exists when this person dies due to the legal fault of someone else. They
can be filed for the simple
car accidents to product liability cases. Many times the parties that could file a
wrongful death claim do not realize they are entitled to this compensation, and so the
claims are unsettled or are never brought to court. In Texas, spouses,
children, and parents of the deceased may file a wrongful death suit.
Spouses. A spouse can bring a wrongful death suit whether the couple’s
marriage was common law or formal. A claim can also be made if the couple
was separated when one was killed and even if the surviving spouse has
remarried after the other’s death. The spouse can claim additional
damages such as loss of consortium or mental anguish, especially if they
were victim to the accident as well or watched their love one in pain.
Parents. Under Texas law, parents can file wrongful death claims for their
deceased children. This includes the adoptive parents of legally adopted
children. Interestingly, step-parents, foster parents, and grandparents
may not make a wrongful death claim.
Children. Biological children (even adult children) may bring a wrongful
death suit for a deceased parent. Adopted children, however, can only
bring a case forward for their adoptive parents, not their biological
parents. Children may be able to claim damages for the loss of care and
guidance the parent would have offered.
If you have suffered the loss of a loved one or family member due to someone’s
negligence, you are entitled to compensation.
Contact us today so we can discuss how to bring your case to the judge.