Wrongful death actions in Texas are permitted by CPRC section 71.001 et. seq. In accordance with CPRC section 71.002, a wrongful death action can be filed so long as a “wrongful act, neglect, carelessness, unskillfulness or default” of one person causes the death of somebody else. The wrongful death attorneys at Springer & Lyle want you to know a little more about wrongful death cases.
Who Can File a Wrongful Death Action?
CPRC section 71.004 only allows the surviving spouse, children and parents of the decedent to file a wrongful death action. One or more of them is permitted to bring the action for the benefit of all of them. Siblings of a decedent aren’t permitted to bring this action. If a wrongful death case isn’t brought within three months of the decedent’s death, his or her executor or administrator can bring the action unless not requested to do so by all who are permitted to file it.
The Statute of Limitations
The action might can be brought within two years of the date that the spouse, child or parent died. However, shorter time limitations might apply which are based on the date of the occurrence causing the injury instead of the date of death. Additionally, if the injury was caused by a person or place involving the government, strict notice provisions may apply which can be as little as two or three months. The law on the statute of limitations is constantly evolving.That’s why it’s critical to meet with a wrongful death attorney from Springer & Lyle as soon as possible after the injury causing the death of a spouse, parent or child. Failure to file an action within the period of time specified by the applicable statute of limitations can cause you to be forever barred from pursuing a claim.
Damages in Texas wrongful death cases can be actual or punitive. Actual damages might include but not be limited to the following:
• Lost earnings and earning capacity
• Mental anguish of survivors
• Loss of the love, companionship and society of the decedent
• Loss of inheritance
Nearly all wrongful death cases also contain a survival action brought pursuant to CPRC 71.021(b). This statute allows compensation to the decedent’s estate for damages like the deceased’s medical bills, property damage, lost earnings, pain and suffering and funeral and burial expenses that the Texas Wrongful Death Act doesn’t permit.
Wrongful death and survival actions involve highly complex litigation. Contact Springer & Lyle about any questions you have about bringing a wrongful death and survival action on behalf of your loved one. We’ll give you straight talk and straight answers.