Personal injury lawsuits sometimes involve fatal accidents, as survivors may seek compensation for someone’s premature passing under Texas’ wrongful death laws. Statutes about wrongful death litigation spell out who can sue and under what circumstances. Ultimately, if someone’s negligence caused another person to die, surviving relatives with legal standing may bring forth a civil action.
Wrongful death laws in Texas
At the core of wrongful death, laws are questions about negligence or misconduct. If a doctor prescribes someone the wrong medication and the patient dies, the doctor could face a wrongful death suit based on negligence. When someone loses their temper and assault someone and dies from injuries, such misconduct could lead to both criminal and civil consequences.
Surviving relatives may bring a lawsuit against the allegedly negligent party. With medical malpractice or auto accident claims, insurance might cover the loss. Other incidents might involve lawsuits only since insurance won’t cover such things as deliberate actions.
Taking legal action after a wrongful death incident
Texas law establishes who has the standing to file a wrongful death suit. Not every relative may file a wrongful death suit, and the law establishes that spouses, children, and parents are the family members with the necessary standing. Besides these relatives, the representative of the deceased’s estate may do so.
Wrongful death lawsuits are subject to a two-year statute of limitations. No matter how egregious someone’s misconduct is, a civil suit cannot go forward once the statute of limitations expires. Therefore, anyone considering a civil lawsuit may need to move quickly.