Posted on August 11, 2009 by Bryan Fears

Texas wrongful death law: an overview

A wrongful death occurs when an individual is killed due to the negligence of a third party. It gives rise to a legal action that can be brought by the deceased’s family in order to seek compensation for their loss. These are known as wrongful death lawsuits. 

 

In Texas, wrongful death lawsuits are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. The Texas Wrongful Death Act gives the deceased’s spouse, children and parents the right to seek financial compensation for the losses they have suffered as a result of the death. This includes both financial losses as well as the loss of companionship and support that was provided by the deceased. 

 

In addition to the deceased’s family, a Texas wrongful death lawsuit can also be brought by the executor or administrator of the deceased’s estate. Note that siblings, aunts and uncles are not eligible to bring a Texas wrongful death lawsuit.

 

If you have lost a family member in an accident, contact us today. The Texas statute of limitations gives you only two years within which to bring your wrongful death lawsuit.

 

At Fears | Nachawati, we understand the pain of losing a loved one, and we provide sensitive and caring support during this difficult time. For free legal advice on your potential wrongful death lawsuit, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

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Posted on August 3, 2009 by Bryan Fears

What is the Texas survival statute?

The Texas survival statute is a law that allows the estate of the deceased victim to sue for the injuries the deceased could have sued for if they had survived the accident. Essentially, the family is standing in the deceased’s shoes in terms of legal rights.

 

The Texas wrongful death statute and the survival statute are often used in conjunction. That is, the family of a deceased accident victim will typically bring suits seeking compensation under both statutes. To learn more about what defines a wrongful death click here. 

 

The Texas survival statute is an exception to the general rule that any legal claims a person might have are extinguished upon that person’s death. In fact, it is called a survival statute because the legal claim “survives” the victim’s death.

 

As for compensation involving the survival statute, the estate can recover all of the damages to which the victim would have been entitled, such as pain and suffering, lost wages and medical expenses.

 

Fears | Nachawati represents the families of accident victims in bringing wrongful death lawsuits and asserting their rights under the survival statute. If you have lost a loved one in an accident, contact us today for a free legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

 

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