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How Texas Decides Wrongful Death Benefits & Survival Claims

There is no preparing for the wrongful death of a loved one caused by a third party’s mistakes. While trying to grieve, you will also be left with a large legal question hanging over your head: Should you file a wrongful death claim against the party that caused your loved one’s untimely passing? If you do decide to file a claim, how would it even work?

Every state has its own set of rules regarding wrongful death benefits and survival claims. Maloney Law Group, P.L.L.C. is headquartered in San Antonio, so we are going to be taking a closer look at Texas’s wrongful death laws.

Who Can File a Wrongful Death Claim in Texas?

Either individually or collectively, the surviving spouse, children, and parents of the person who passed away can file a wrongful death claim in Texas.

What Can Be Recovered under the Texas Wrongful Death Statute?

The purpose of a wrongful death claim is recovering damages related to the lost relationship suffered by each eligible claimant, i.e. children, parents, and spouse. The damages or wrongful death benefits – sometimes shortened to just WDB – that you can seek as a claimant in a wrongful death claim can include emotional distress, pain and suffering, lost care, advice, earning capacity, companionship, loss of household services, and other similar damages. You can also ask to be fairly compensated for the emotional trauma you have experienced as someone so close to the deceased.

What Can Be Under the Texas Survival Statute?

Texas’s survival statute also allows heirs and beneficiaries of the deceased’s estate to recover lost inheritances. A personal injury attorney can help obtain experts that can calculate what the deceased could have reasonably put into savings to pass along to their family had they not passed away early due to another party’s negligence.

How Long Do You Have to File?

Texas has a fairly brief statute of limitations for wrongful death and survival claims, narrowed down to only two years from the date of the negligence or injury, depending on the factual circumstances. Additional, statutes of limitation may apply depending on the parties involved (i.e., governmental) and/or type of claims, as well as fact set and Texas law that is implicated. Two years might seem like a long time, but it can pass quickly while you are grieving, dealing with bills, and ruminating over legal complications. Additionally, a thorough legal investigation and documentation of the facts is necessary to ensure proper preservation of the claims.

If you need help with a wrongful death and/or survival claim and want to be sure you file on time, call (210) 361-2997 to connect with our attorneys in San Antonio. Maloney Law Group, P.L.L.C. is the trusted local name for legal representation built on experience, compassion, and fresh ideas. We would be honored to see how we can help you through this difficult time.