Due to their sheer size and nature, accidents involving commercial trucks are often fatal. If you’ve lost a loved one due to a crash with a commercial truck, you may be eligible to file a wrongful death claim for your loss in Texas.
What Is a Wrongful Death Claim?
A wrongful death claim results from the death of one individual due to the legal fault of another. According to Texas statute 71.001, an individual is liable for damages arising from another individual’s death if the death was caused by a wrongful act, neglect, carelessness, unskillfulness or default.
Who Can File a Wrongful Death Claim in Texas?
A wrongful death claim can be filed by an individual representing the survivors of the deceased. Often, this individual is the executor of the estate.
In Texas, there are only a few individuals legally allowed to file a wrongful death claim, including:
- The surviving spouse
- Children, including adopted children
- Parents of the deceased
It’s important to note that siblings or grandparents of the deceased aren’t eligible to file a wrongful death claim in Texas.
Damages Available to You & Your Family
Each family member filing a wrongful death claim is entitled to damages for their loss. These damages are typically divided among the parties by the judge or jury involved in the case. The available damages include:
- Funeral expenses
- Loss of future income
- Medical expenses
- Loss of companionship for the spouse
- Pain and suffering
- Loss of care for the children
Statute of Limitations in Texas
In Texas, all wrongful death lawsuits must be filed within two years of the loved one’s death. It’s important to seek legal assistance as soon as possible to ensure you meet this requirement.
Lost a Loved One Due to a Commercial Truck Accident? Call Us Today.
We know no amount of money could ever replace your loved one. Yet, we also know the importance of financial relief as you continue to heal. To learn more about wrongful death or to discuss your case with a commercial truck accident attorney, give us a call at 800-TedLyon or send us a message.