Wrongful Death

The Texas Wrongful Death Act grants certain family members of people who are fatally injured the right to sue for damages. Only spouses, parents, and children may file a lawsuit under the Texas Wrongful Death Statute. Like other injury cases in Texas there is a two year statute of limitations. However, exceptions to the statute of limitations are more common in wrongful death claims than in other injury cases. Wrongful death is treated as a serious matter by the courts and you should consult with an attorney even if the two year statute has passed. If two years has not passed then time is of the essence because your attorney will require time to investigate the case before filing it. In addition to a wrongful death lawsuit, the heir or personal representative of the estate of the deceased person may also be able to bring suit under the Texas Survival Statute. Compensation in a survival action is the damages that would have been available to the deceased person had he or she survived the accident which is slightly different than the damages allowed under the Texas Wrongful Death Act.