According to Sec. 71.002:
A person is liable for damages arising from an injury that causes an individual's
death if the injury was caused by the person's or his agent's
or servant's wrongful act, neglect, carelessness, unskillfulness,
Multiple parties can be named as defendants in wrongful death actions.
For example, if an individual working for a certain company was negligent
and that negligence resulted in the death of another, not only can that
individual be held liable, but possibly the company they are representing/working for.
Wrongful death actions have a
statute of limitations just as personal injury claims do. In most cases, the limit is two years
from the date of the injury or the date that the injury/illness was discovered.
There are certain circumstances that could stall or "toll" the
statute of limitations, such as cases in which the plaintiff is a minor.
Who can file a wrongful death action? According to § 71.004 of the
statutes, "an action to recover damages…is for the exclusive
benefit of the surviving spouse, children and parents of the deceased."
Those entitled to wrongful death benefits may not file actions separately,
but rather file a single wrongful death action. If no family member takes
action within three months, then the executor can bring the action.
Wrongful Death Resulting from Workplace Accidents / Illnesses
In the state of Texas, workers covered by workers' compensation insurance
may be entitled to one or more of the following types of insurance benefits:
income benefits, medical benefits, burial benefits and death benefits.
If a worker is killed in an on-the-job accident or because of an occupational
illness, workers' compensation insurance could compensate the surviving
family members (usually the spouse and dependent children) for funeral
expenses and some lost wages. Family members may also be entitled to "
survivor benefits" through Social Security, even if the deceased worker did not earn
the required number of credits (minimum of six credits within three years
before worker's death).
Proven Texas Wrongful Death Lawyers on Your Side Call (877) 661-9900
for a FREE Case Review
Stern Law Group has won
more than $1 billion in verdicts and settlements. This testifies to the level of hard work
and commitment with which we handle our cases. Should you become a client,
we will relentlessly pursue your most vital interests and not give up
until you have been offered a recovery that is sufficient. We understand
that no monetary award can fully make up for the loss of a loved one,
but you can trust our law firm to recover what you need after this tragic event.
For a free initial evaluation of your case,
contact Stern Law Group today.