Wrongful death occurs when the neglectfulness or carelessness of another person, company, or entity causes a preventable accident leading to fatal injuries. The law states that if the deceased would have been eligible for damages in a personal injury lawsuit, the surviving family may file a survival action in civil court.
While compensation cannot reverse your suffering, it allows you to hold the responsible party legally and financially accountable. Our personal injury attorneys are here to help with this. You can call our office and speak to a compassionate Baytown wrongful death lawyer today to learn more.
Typical Causes of Survival Actions
Survival actions may arise from a wide range of fatal incidents caused by negligence, misconduct, or wrongful acts. Typical causes of survival action include the following:
- Nursing home abuse or neglect
- Criminal acts, such as violent assaults leading to murder
- Workplace accidents, such as construction crush injuries, oilfield explosions, or industrial accidents
- Recreational aviation, boating, or any other vessel accident caused by operator or passenger negligence
- Motorcycle and commercial truck crashes caused by driver recklessness, such as drunk driving, reckless driving, or texting while driving
- Premises liability accidents, such as slipping and falling, drowning in unguarded pools, or violent attacks and murder due to inadequate security
- Defective products, such as dangerous prescription or over-the-counter drugs and faulty machinery, as well as any workplace accidents caused by negligence
A seasoned Baytown attorney can complete an exhaustive investigation and analyze the evidence to determine the cause of the wrongful death and who is responsible.
Who Can File a Wrongful Death Lawsuit?
Texas Civil Practice and Remedies Code § 71.004 specifies who can bring lawsuits. The following parties are generally eligible to file:
- The surviving spouse
- Children (biological or legally adopted)
- Parents (biological or legally adopted)
The legislation generally restricts siblings, grandparents, stepchildren, or fiancés from filing the lawsuit.
However, if none of the eligible parties file the lawsuit within three months of the wrongful death, the executor or administrator of the estate may prepare and file a survival action on behalf of the estate, as a Baytown attorney can explain. The personal representative of the estate can also file a companion survival action for the deceased’s pain and suffering, medical bills, and other expenses.
Determining Liability and Guidelines
Compliance with the state statutes is crucial for obtaining a just settlement. A skilled wrongful death lawyer in Baytown can guide you and your family through each step of the process. Under Texas Civil Practice and Remedies Code § 71.002, a person is liable for damages when they cause someone else to suffer fatal injuries as a result of their wrongful, negligent, careless, or unskillful performance of a dangerous activity that requires mastery. The plaintiff must commence legal action within two years of the date of the accident that caused the wrongful death.
Missing the statute’s deadline almost always means losing all eligibility to obtain a settlement from the responsible party. Damages under the statute include loss of financial support, inheritance, love, companionship, comfort, guidance, and mental anguish. Additionally, the court typically compensates for reasonable medical and funeral expenses.
Meet With a Proficient Wrongful Death Attorney in Baytown
If you lost a loved one in an accident due to someone else’s carelessness, you and your family have the right to initiate legal action in civil court to pursue compensation from the responsible party. State laws allow you to hold them accountable and obtain a settlement to lessen the financial burdens you may be facing as a result of the accident.
A compassionate and accomplished Baytown wrongful death lawyer can provide you with sound guidance and support through each step of the process. Call today to learn more and schedule a consultation to review your case.