Pearland Wrongful Death Lawyer
The death of a loved one due to a wrongful death is a tragic event. The Pearland wrongful death attorneys at J.D. Silva and Associates are here for you and your family to help navigate the legal system during this terrible and confusing time.
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When a family member dies unexpectedly, it is human nature to look for answers as to what caused the loss and who is to blame. If it can be proven the death was a result of someone’s misconduct or negligence, the surviving family members can and should hold that party responsible.
Even if the death was unintentional, laws in Texas dictate the responsible party must compensate the victim’s loved ones for the loss.
While no amount of money can fully compensate you for the loss of a loved one, it can help ease the burden of funeral costs, lost financial support, medical bills, outstanding debts, and other unplanned expenses. Particularly if the deceased was the primary income provider, their death can place a huge toll on the surviving family. Depending on the situation, additional funds may be sought to ease emotional toll and punish the responsible party.
Typically, living family members such as parents, siblings, children, or other dependents are entitled to bring this type of lawsuit.
In the event of a wrongful death, J.D. Silva & Associates wants to make sure our clients not only receive the maximum amount they are due, but also work to ensure others do not have to suffer the same fate. We work to hold responsible parties accountable and have them make changes for future safety. Common areas in which we see wrongful death lawsuits arise are car and truck accidents, defective products, workplace accidents, and medical malpractice. Our team is experienced at navigating these types of cases and approaches each one with the compassion our clients deserve.
Frequently Asked Questions: Texas Wrongful Death
What Is a Texas Wrongful Death Lawsuit and Who Can File One?
Texas Civil Practice and Remedies Code Title 4, Chapter 71 serves as the basis for wrongful death and survival lawsuits in Texas. The law states that a wrongful death occurs when the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. The parents, spouse, children – including adult children and adopted children – and the executor or personal representative of the decedent’s estate are all eligible to file a Texas wrongful death lawsuit.
What does wrongful death mean?
If a person is killed as a result of the negligence or wrongful acts of another, that is considered a wrongful death.
Wrongful Death Lawsuit in Texas Defined
A wrongful death lawsuit in Texas is a civil action that allows specific surviving family members to hold people and institutions accountable for the death of their family member who was wrongfully killed.
All states allow for wrongful death claims, but each state has different rules regarding who can bring a claim and how much compensation can be received.
What are the Time Limits for Wrongful Death Cases?
According to the wrongful death statute of limitations in Texas, you have two years from the date of the victim’s death to file a wrongful death lawsuit in civil court. It is in you and your family’s best interests to consider filing a lawsuit quickly with the help of a knowledgeable wrongful death attorney to ensure all relevant evidence is preserved.
In Texas, only certain surviving family members can file a wrongful death claim. The surviving spouse, children, and parents can all legally file a wrongful death action. These individuals have three months to file a claim before other family members become eligible. Once three months have passed, if a wrongful death claim has not been filed the claim can be filed by an executor or personal representative of the victim’s estate.
In some cases, Texas law may allow other parties to file a wrongful death claim. The law may also preclude some other parties from recovering compensation in a wrongful death lawsuit. To understand the ins and outs of this process, it is critical to speak with a Texas wrongful death attorney who can help you and your family get through this tough time and protect your rights to seek justice.
A personal injury lawyer can explain all of your options and help you determine the best path for moving forward. The stress and complexity of filing a wrongful death lawsuit can be overwhelming for a grieving family.
Contact the Pearland Wrongful Death Lawyers at JD Silva
If you have suffered the loss of a loved one and suspect another was at fault, contact J.D. Silva & Associates today to discuss your case. Time limits apply to your ability to file a lawsuit, so it is important to start the process quickly. Ultimately, we want to make sure we can help your family and take away the stress of worrying about the legal proceedings. Our goal is to do what we can to help you heal.