The death of a loved one can leave you reeling from grief, anger, and uncertainty. This emotional turmoil only increases when someone else’s negligence caused your loss.
At Crosley Law, we work to hold the at-fault parties accountable and get you the compensation you deserve for your emotional and financial losses. If you’re unsure how to proceed after the wrongful death of a loved one, contact us today at 210-LAW-3000 | 210-529-3000 or complete the form on this page for a free consultation to discuss your case and options. Let us take care of the legal matters so that you can focus on taking care of your family and yourself.
In the sections below, you’ll find more information about wrongful death claims in Texas and what to do if you have lost a loved one due to another’s negligence.
What Is a Wrongful Death?
In Texas, wrongful death is defined as a death caused by another person’s misconduct, carelessness, lack of skill, or negligence. Wrongful deaths are sometimes caused by:
- Motor vehicle crashes (In 2018 alone, there were 139 fatal car crashes in San Antonio.)
- Medical malpractice
- Defective and dangerous products
- Work-related and industrial accidents
- Criminal activities
What You Need to Know About Texas Wrongful Death Claims
Who Can File a Claim
In Texas, the right to file a wrongful death claim is limited to the spouse, parents, or children of the deceased.
Statute of Limitations
The statute of limitations refers to the period in which you have to file your lawsuit. For wrongful death claims, the statute of limitations is two years after your loved one’s death. If you file after this period, you may lose your right to compensation.
What Is a Wrongful Death Claim Worth?
When you file a wrongful death claim, you want justice for your loved one’s death and compensation for your financial losses. Calculating these damages can be complicated, and an accurate calculation typically requires the help of a wrongful death attorney. At Crosley Law, we understand the value of wrongful death claims and fight for full compensation for our clients.
Wrongful death damages may include:
Tangible financial losses you and your family suffer as a result of your loved one’s passing. Such as:
- Lost earnings and income
- Lost financial support
- Lost inheritance
- Funeral and burial costs
Intangible losses you experience, including:
- Emotional pain and suffering
- Loss of companionship
- Loss of household services
Courts award punitive damages only in cases where the responsible party was grossly negligent, such as when a drunk driver kills someone.
In addition to a wrongful death claim, which focuses on your losses, you can also file a survival claim on behalf of your loved one. In this claim, you demand compensation for their economic and non-economic damages that accumulated before their passing, such as their medical bills and pain and suffering.
The Importance of Working With an Experienced Wrongful Death Attorney
Insurance companies are notorious for denying wrongful death and life insurance claims. Working with an experienced wrongful death attorney can help you file your claim properly, accurately calculate your damages, and get the compensation you truly deserve.
At Crosley Law, our attorneys go one step further and work closely with probate attorneys, grief counselors, and others to give you the support and compensation you need.
Crosley Law Helps Clients Get the Justice and Closure They Deserve
Our firm has a reputation for handling wrongful death claims successfully, a reputation that makes defendants and their attorneys more willing to settle for an appropriate sum.
Our goal as a firm is to not only get our clients the compensation they need, but also the justice and closure that they deserve. If you’ve lost a loved one due to another’s negligent actions, please call us at 210-LAW-3000 | 210-529-3000 or complete our contact form for your free consultation to get the help you need.
Tex. Civ. Prac. & Rem. Code § 71.002. (1985) Retrieved from https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm
Texas Department of Transportation. (2019, August). Texas motor vehicle crash statistics: Cumulative crash statistics 2003–2018. Austin, TX: Texas Department of Transportation. Retrieved from https://www.txdot.gov/government/enforcement/annual-summary.html
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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