Texas' wrongful death lawsuits are derived from two sources: the Texas wrongful death statute and interpretations of the statute by Texas courts. As its name implies, a wrongful death lawsuit is predicated on claims that someone's loved one was killed due to another's wrongful conduct. Texas law requires wrongful death victims to prove the following things in a lawful death lawsuit: 1. the defendant was responsible for the wrongful death victim's death; 2. the person filing the lawsuit is the spouse, child, or parent of the deceased; and 3. as a result of their loved one's death, they've suffered monetary losses and/or emotional harm.
Different elements apply to accident victims who are killed by a negligent truck driver than those killed by a defective product. Retain a wrongful death lawyer in who has successfully handled wrongful death claims and has a successful track record of representing injury victims across the spectrum of injury law.
Next, you'll need to prove that you are a member of the limited class of people Texas law allows to file a wrongful death lawsuit. Texas law places strict limitations on the eligibility of parties who can file a wrongful death claim, and specifically only allows the spouse, children, and parents of the deceased to file suit. Importantly, common law spouses and adopted children and parents are included, but step-parents and distant relatives (such as cousins, aunts, and uncles) are excluded.
Wrongful death cases are complex, as a party asserting a claim will need to successfully prove several elements before they are able to recover the compensation they deserve. If you are considering filing a wrongful death claim, give me a call for a free consultation to determine if I can help you recover the compensation you deserve.