Under Texas personal injury law, parents who have experienced the loss of a child due to negligent or wrongful actions, may have the right to go after legal recourse through suing for a wrongful death.
Families can seek a financial settlement for the monetary and emotional losses caused by the death of their child.
While financial compensation does not address the psychological devastation of this substantial loss, it can help provide support during the grieving process and while the family attempts to heal.
That’s why in this blog post our Houston wrongful death lawyers explore the rights of parents in Texas to file a wrongful death lawsuit after the tragic loss of a child, covering legal eligibility, potential compensation, timelines, and the role of experienced attorneys in seeking justice and support.
Let’s begin.
Who Can File a Wrongful Death Lawsuit in Texas for the Death of a Child?
In the tragic event of a child’s wrongful death in Texas, specific individuals are legally authorized to file a wrongful death lawsuit.
Under Texas Civil Practice and Remedies Code Title 4, Sec. 71.001, this right is typically reserved for the deceased’s parents or legal guardians. This includes both biological and adoptive parents.
In cases where parents are divorced, each parent could possibly pursue a personal injury claim independently.
In situations where the child has no surviving parents or legal guardians, other eligible individuals may file the wrongful death claim. This could include a court-appointed guardian or close relative with legal custody.
Texas Limits the Number of Wrongful Death Claims per Death
Disputes among family members can sometimes arise regarding who should file a wrongful death lawsuit.
Because of this, multiple survivors may file claims on behalf of the deceased individual.
However, most courts will only allow a single wrongful death lawsuit per decedent to prevent confusion and potential conflicts. Typically, the court consolidates multiple claims into a single action.
Filing Insurance Claims vs. Lawsuits for a Wrongful Death
After losing a child to the negligence of another, parents may feel compelled to pursue legal action to obtain closure and a sense of justice.
In Texas, this could involve filing an insurance claim against the at-fault party or filing a wrongful death lawsuit. If the at-fault party has the right insurance coverage, the parents may be able to file a claim directly with the insurance adjuster.
It’s important to protect your interests by partnering with an experienced wrongful death attorney to determine the full potential value of your claim. Insurance companies may attempt to limit what they offer, hoping you will accept the first settlement and close your claim. Before you sign anything, ask your personal injury lawyer to review the offer and advise you whether you may be able to negotiate for more.
The lawsuit is a civil action brought by the parents or legal guardians of the child against the party responsible for their death. A lawsuit is often necessary when the at-fault party does not have adequate insurance coverage or refuses to settle fairly.
Significant injury damages are often associated with wrongful death cases, which is why they are often handled through litigation.
What if the Minor Child Has a Will?
If a minor has a will, it can introduce additional complexities to a wrongful death lawsuit. Generally, the parents or legal guardians of a deceased minor would be the ones to file a wrongful death lawsuit. However, that process could be held up if the minor’s will names a specific individual or entity as the beneficiary of their estate, and that party may override the other survivors’ rights regarding the wrongful death claim.
The specific laws and procedures governing such situations can vary significantly by jurisdiction. Your personal injury attorney can help you understand the rights and remedies available in a particular case. They can help you navigate any potential conflicts between the minor’s will and the rights of their parents or guardians, to protect the deceased minor’s best interests.
There Are Time Limits for Filing Wrongful Death Claims in Texas
Texas, like most states, have strict personal injury statute of limitations, outlined in Texas Civil Practice and Remedies Code Chapter 16.
Under this statute, eligible parties have two years to file a lawsuit on behalf of the deceased against those at fault for the child’s death. This two-year period begins on the date of the decedent’s death. There are specific laws and procedures across local and state jurisdictions that might impact this timeline, and your attorney can advise you on how that affect your claim.
Potential Compensation in a Wrongful Death Case
A personal injury lawsuit regarding a minor in Texas can provide significant financial compensation for various losses suffered by the surviving family members. We typically categorize these losses into two main types: economic and non-economic damages.
Economic damages are expenses directly tied to a financial sum, whereas non-economic damages are more intangible.
When calculating what surviving parents may receive from a wrongful death lawsuit for the loss of a child, an attorney will calculate both past and present expenses, as well as any future losses, such as the loss of consortium, which attempts to compensate for the loss of love, affection, and support the child may have provided to the parent. Other expenses could include losses such as:
- Funeral, burial, or cremation services
- Medical expenses, hospital bills, and medications incurred by the deceased prior to death
- Lost paychecks due to time off while managing the burial and grieving the loss
- Pain and suffering
- Mental anguish
The full value of a claim is closely tied to the unique circumstances of the child’s life and the impact of their death on the family. Additionally, the emotional impact of losing a child can be profound, leading to significant mental anguish and emotional distress for the surviving family members.
An experienced wrongful death attorney can help you identify all potential damages and ensure that you receive fair compensation for your losses. They will work with you to gather evidence, assess the value of your claims, and negotiate with the insurance adjuster and other responsible parties.
They can also connect you with counselors who can both guide you through emotionally processing your loss and provide documentation supproting your claim for mental anguish and other non-economic damages.
Can Parents Expect to Receive Punitive Damages?
In extreme negligence or intentional misconduct cases, the court may choose to award punitive or exemplary damages under Texas Law. These damages do not attempt to compensate the survivors for any specific loss. Instead, they are awarded to punish the wrongdoer and discourage future misconduct by others. Consulting with an experienced attorney is crucial to understanding the full range of potential compensation and navigating the complexities of the legal process while still grieving.
Seek Justice For Your Child’s Wrongful Death with Dax F. Garza, P.C.
The sudden and untimely loss of a child can devastate a family and leave a lasting impact on those left behind. If you have lost a child due to someone else’s negligence or wrongful actions, you may be entitled to compensation. Our compassionate attorneys dedicate themselves to helping families like yours navigate the complexities of wrongful death claims.
Schedule a free case consultation today to discuss the details with one of our attorneys. We will provide personalized legal advice and support every step of the way.
