Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Featured / Can I File a Wrongful Death Lawsuit on Behalf of a Loved One?

Can I File a Wrongful Death Lawsuit on Behalf of a Loved One?

January 14, 2022 By Staff - s.r. Leave a Comment

No amount of money can compensate for the loss of a loved one. Grief is compounded when the death was caused by the negligence of another. If you were financially dependent upon the deceased, the wrongful death may cause your life to dramatically change. At Springer & Lyle, we care about you and work diligently to obtain for you the compensation you deserve.

What is a Wrongful Death Lawsuit?

Under Texas law, wrongful death is when:

  • A person dies from an injury and,
  • The injury is caused by another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default;” and
  • The injured person would have been entitled to file a personal injury lawsuit had he or she lived or been born alive.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law specifically defines who can bring a wrongful death lawsuit. The wrongful death statute states:

Wrongful Death Lawsuit

“An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.” Any one of these people can bring the action on behalf of one or more of the named survivors or bring one action that will benefit them all.

Three calendar months after the death, if none of the eligible persons has brought an action, the executor or administrator of the estate may bring a wrongful death lawsuit, unless all eligible individuals agree an action should not be filed.

Damages Available to Survivors in a Wrongful Death Lawsuit

“Damages” refers to the compensation the beneficiaries are entitled to receive from the negligent party or parties responsible for the death. Damages the survivors may be able to collect include:

  • Medical expenses incurred by the decedent as a result of negligence.
  • Funeral and burial expenses.
  • Lost wages and earning potential of the decedent that were expected to aid the beneficiaries.
  • Loss of inheritance in some cases.
  • The value of household services the decedent would have provided the beneficiaries.
  • The loss of the love, care, companionship, and moral support the decedent would have provided.
  • Mental anguish sustained as a result of the loss.
  • A spouse, putative spouse, or domestic partner may receive damages for loss of consortium.

In some cases, additional punitive damages may be awarded to punish the at fault person or entity whose negligence rose to the level of egregious conduct.

The personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation to which you are legally entitled to collect for the loss of your loved one. You must bring your wrongful death lawsuit within two years of the death. If you miss the deadline, you lose forever your right to pursue the claim. Contact us at 940-387-0404 for a free consultation.

Filed Under: Featured Tagged With: Filing, Wrongful Death

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Honda Worldwide Recall of Sedans, Minivans, SUVs

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. … [Read More…]

Hip Implant Complaints Increase, While Dangers Are Reviewed

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting … [Read More…]

Tragedy Brought on by Tainted Fruit

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto … [Read More…]

No Better Care, Thanks to Tort Reform

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in