Who Can File a Wrongful Death Claim in Texas?
November 14, 2017 -
In the State of Texas, the spouse, children or parents of the deceased are allowed by law to file a wrongful death claim. For the case to hold, the plaintiff must prove that the death arose due to the negligence of the defendant.
A child over the age of 18 can seek compensation in the event that he or she can prove that his or her parent’s death qualifies to be categorized under wrongful death. However, grandparents and siblings of the deceased cannot file a wrongful death claim.
Any member of the deceased person’s family mentioned above can file the claim or the qualified members of the family can come together and file the claim jointly. In the event that none of the family members files the claim within three months of the deceased persons passing, an executor of the deceased’s estate may file the claim.
Once the compensation is awarded by the court, it will be up to the court to decide how the compensation will be divided among the various family members. Your family attorney must demonstrate personal and financial loss suffered by each of the affected family members for the jury or the judge to decide on the appropriate compensation to compensate each of the parties.
How to prove wrongful death in Court
For you to win a wrongful death case, it is important for you and your attorney to prove these four basic elements:
• The death was caused by the defendant.
• The death was as a result of the defendant’s negligence.
• The death has affected and other family members who are entitled to receive compensation for the wrongful death.
• You or your family members suffered monetary damages as a result of the wrongful death.
Since wrongful death cases are complex and difficult to handle, you should consider hiring a professional wrongful death attorney to handle the case for you. Talk to one of our wrongful death attorneys at Reyna Law Firm who will guide you on how to file your claim. Schedule a free consultation today.
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