A wrongful death claim is a legal remedy that arises when one person dies due to the negligence, recklessness or intentional misconduct of another. Certain family members can seek compensation for losses resulting from the death. It is also possible for the decedent’s estate to bring a separate action for damages that the decedent could have pursued had he or she lived.

In Texas, the right to file a wrongful death action is governed by statute. The following individuals are generally eligible to file a wrongful death claim:

• Spouse — The surviving spouse of the decedent can sue, even if they were separated at the time of death.
• Children — The surviving children of the decedent can sue, regardless of their age.
• Parents — The surviving parents of the decedent can sue. However, siblings of the decedent have no derivative right to bring a wrongful death action.

If no eligible family member files a lawsuit within three months the death, the decedent’s estate representative may bring a wrongful death action. All damages recovered by the estate are distributed according to the decedent’s will or, if there is no will, according to the laws of intestate succession.

Damages that can be recovered in a wrongful death claim may include:

• Economic damages — These are the financial losses suffered by the family as a result of the death, such as funeral expenses, loss of income and loss of support.
• Noneconomic damages — These are losses that are not monetary in nature, such as loss of companionship and emotional pain and suffering. If the wrongful death was due to medical malpractice, no claimant can receive more than $250,000 in noneconomic damages.

Texas law does not allow recovery of damages for the deceased person's pain and suffering prior to death. However, such damages can be recovered in a separate lawsuit, known as a survival action, brought by the representative of the decedent's estate. A survival action allows the estate to seek damages that the deceased person would have been entitled to sue for if he or she had survived the accident or other event. The damages recovered in a survival claim become part of the deceased person's estate and are distributed according to the decedent's will or to state intestacy laws.

Wrongful death cases can be difficult to prove, especially since the victim is not available to testify. There are also time limits on filing a lawsuit. An experienced wrongful death attorney can analyze your situation and take the necessary actions to preserve your rights and to obtain the compensation you deserve.

If your family is dealing with the difficult loss of a loved one, work with the compassionate wrongful death lawyers at Hope & Causey, P.C. We serve clients throughout Conroe, San Antonio, Houston and the surrounding communities. To set up a free initial consultation, please call 936-441-4673 or contact us online today.