(Newswire.net — January 17, 2020) — 

Fortunately, families of people who had died due to an accident or illness caused by others have the option to take action against the guilty party by filing a wrongful death lawsuit. 

4 Things to Think About Before Filing a Wrongful Death Claim 

In the State of Texas, wrongful death claims are statutory in nature. They are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. When filing a claim with a Houston lawyer for wrongful death, here are some important things you should consider

Find Out Who is Truly Liable 

Wrongful death claims may be filed by specific parties following a death caused by carelessness, neglect, unskillfulness, or the default of a party, their servant or agent. The individual or group who committed a wrongful, neglectful, or careless act that caused another person’s death, is the one who is liable. If someone representing a party or company is the one who committed the act, then the party is held liable for their neglectful acts. 

People in all types of professions could be held liable for a wrongful death case. This can include doctors, business owners, and everyday citizens. If the individual breached the duty of care owed to the now deceased person, they could be liable for their death. 

Who Can File a Claim?

The parents, children, or spouse of the deceased can file a wrongful death claim. They can choose to file the claim individually, or as a group. Surviving siblings can not file a claim for wrongful death.

Adopted children are also eligible to file a claim if the adoption process was completed. However, they can only do this for their adoptive parents and not their biological parents. The same goes for adoptive parents, they can only file a claim for their adoptive children. 

If no one files a claim three months following the deceased’s passing, the personal representative or executor of their estate may file a claim. 

What Damages Are Often Sought Out?

Compensation received from a wrongful death case can help pay for damages such as:

• Lost earning capacity

• Lost companionship, love or care

• Mental and emotional pain and suffering

• Lost inheritance that the deceased would have had for their beneficiaries if they had survived. 

What is the Statute of Limitations for a Wrongful Death Claim?

The family members only have two years following the death of their loved one to file a wrongful death claim. After that time has passed, the claim may be dismissed for being outside the statute of limitations.

Consult with a Houston Wrongful Death Attorney for More Details 

If you need assistance with filing a claim after the unfortunate and unexpected death of a loved one, help is available. Get in touch with our professional attorneys who specialize in wrongful death cases for a free consultation today.