In Texas, there are only a few individuals who are authorized to seek compensation in wrongful death lawsuits. Generally, a wrongful death occurs whenever an individual is killed by the negligent or wrongful actions of another. In most cases involving a wrongful death lawsuit, the ability to file a claim or cause of action is limited to the surviving spouse, children and parents of the deceased.
In some rare cases, individuals who are recognized as the executor or administrator of the decedent's estate is entitled to bring the wrongful death claim when no other surviving family members can be identified. Is important to note that this action must occur within three months of the decedent's passing and not the event that actually caused their wrongful death.
For example, consider an individual who was placed into a persistent vegetative state for a decade after being rear-ended by a drunk driver. The three-month limit on the ability of the decedent's executor to file the wrongful death action would commence 10 years after the original injury.
Issues involving probate, or the handling of a decedent's estate, can sometimes arise among surviving family members during the wrongful death claim process. For example, the decedent's spouse may disagree with the distribution of the decedent's property to their in-laws or vice versa.
Our Houston-based law firm is experienced in representing family members in death actions. We help ensure that the decedent's wishes are observed with regards to the distribution of his or her estates. Our law firm operates on a contingency basis, meaning we do not charge fees to our clients unless a settlement is reached or a positive verdict is attained in their cases.
Losing a loved one to a preventable accident is a terrible thing for any family to endure. Acting now to secure your family's financial future through a wrongful death lawsuit may help your family to move forward through these tough times.