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Who Can File a Wrongful Death Claim in Texas

Who Can File a Wrongful Death Claim in Texas


Though uncomfortable at times to talk about, we all understand that death is inevitable. As unavoidable as death may be, we still like to believe that we and our loved ones will live long fulfilling lives. It is difficult to imagine the possibility of losing a loved one to an accident. Unfortunately, wrongful death cases take the lives of thousands daily.

What is a Wrongful Death?

Wrongful deaths are essentially defined as a death caused by someone’s negligence. The biggest difference between a wrongful death case and any other negligence case is that the result of the accident is death. Your experienced personal injury attorney in Houston knows how to successfully prove a wrongful death case.


Exactly Who Can Sue for Wrongful Death in Houston?

Statute Section 71.001 of the Texas Civil Practice and Remedies Code states that any IMMEDIATE family member can sue for wrongful death on behalf of their deceased loved one.

Immediate family includes:

  • Spouses
  • Children
  • Adopted Children
  • Parents

If the immediate family fails to file a wrongful death claim within three months of the victim’s death, then a personal representative of the estate may file a claim.


How Do You Prove Wrongful Death?

The most difficult problem in wrongful death cases is the victim isn’t alive to tell their story. Your experienced personal injury attorney may use medical records, statements from the family, witness statements, and similar cases to prove fault.

Most defendants in wrongful death cases settle to avoid the risk of bad press from a wrongful death trial. Your experienced personal injury attorney will never accept a settlement offer without talking to you first. A fair deal and closure for you and your family are your experienced personal injury attorney’s main concern.


What Kind of Damages Can Be Demanded?

There are two kinds of damages being asked for when you file a wrongful death claim. First, you’re requesting for damages that the deceased could have demanded had they lived. Next, you’re asking for damages to take care of the family because of the loss.

Damages may include:

  • Funeral costs and expenses
  • Medical bills related to the wrongful death accident
  • Lost wages and future earning capacity
  • Loss of companionship
  • Loss of guidance and comfort


Consult With An Experienced Attorney

Dealing with the death of a loved one is difficult, but having that loved one be taken as the result of an accident can be devastating. Don’t allow your deceased loved one to die in vain; consult with an experienced attorney to see what they can do to help ease the pain.

Call 713-524-8139 or contact us online to set up a time to speak with an experienced Houston personal injury lawyer at Pusch & Nguyen Law Firm. You don’t have to face this accident alone.  

By |2020-06-01T08:40:07+00:00May 27th, 2020|Blog|
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