When a negligent or wrongful act causes the death of an individual, the at-fault party can be held accountable through a wrongful death claim. In Texas, this type of case can be filed with the courts by certain surviving family members of the deceased person. The best way to find out if you have the ability to file a wrongful death claim in San Antonio is by consulting with a wrongful death attorney in San Antonio.
Grounds for a Wrongful Death Claim in San Antonio
Texas Civil Practice and Remedies Code § 71.002 states that an action for actual damages arising from an injury that causes an individual’s death may be brought if the fatal injury was caused by another person’s wrongful act, neglect, carelessness, unskillfulness or default. This can include deaths caused by automobile accidents, premises liability accidents, medical malpractice and acts of violence.
When someone else causes a fatality in Texas (intentionally or unintentionally), the person guilty of the careless or wrongful act can be held liable, or legally and financially responsible, for damages caused. The grounds of a wrongful death claim must be proven as more likely to be true than not true to result in a financial award for the deceased person’s surviving family members.
This burden of proof is known as “a preponderance of the evidence.” Proving a wrongful death claim requires evidence that the defendant owed the victim a duty of care, violated this duty through a negligent or wrongful act, and caused the fatal injury or illness. In personal injury law, negligence means the failure to act with a proper amount or degree of care.
Who Is Permitted to File a Wrongful Death Claim Under Texas Law?
Texas, like most states, gives the right to file a wrongful death claim to the deceased person’s surviving family members. Section 71.004 of the law states that a wrongful death cause of action is for the exclusive benefit of the surviving spouse, children and parents of the deceased. Any of these individuals may bring the cause of action for his or her own benefit or the benefit of all.
If none of these parties brings a legal action within three calendar months after the date of the individual’s death, the executor or administrator of the estate must bring the action instead, unless requested not to by all of the individuals who had the right to file. A representative of the deceased person’s estate may be named in a will or appointed by the courts.
How Are the Damages Awarded in a Wrongful Death Claim Distributed?
If a wrongful death claim in San Antonio results in financial compensation being awarded via a settlement or judgment award, it will be distributed among the individuals who are entitled to recover and who are alive at that time. In a court case, a jury may award damages in shares among surviving beneficiaries in its verdict. Any damages awarded in a wrongful death claim are not subject to paying off the debts of the deceased.
How Long Does a Family Have to File a Wrongful Death Claim in San Antonio?
Tex. Civ. Prac. & Rem. Code § 16.003(b) states: A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person. Under this law, surviving family members or the representative of the estate have no more than two years from the date of the individual’s death to file a wrongful death claim, with rare exceptions.
To discuss a potential wrongful death claim with an experienced personal injury attorney in San Antonio, contact Hill Law Firm Accident & Injury Attorneys for a free consultation anytime, day or night.