Filing a Wrongful Death Suit

According to Chapter 71 of the Texas Civil Practice and Remedies Code, specific parties can file a wrongful death lawsuit against an individual, agency, or corporation if the alleged defendant caused the death by an unlawful, careless, negligent, or unskillful act. Parties that can bring a wrongful death claim forward include the decedent’s:

  • Surviving spouse
  • Children
  • Parents
  • Adopted child
  • Adoptive parents

A wrongful death case can be filed by an individual family member or by a group of family members. Adopted and biological siblings, however, cannot file a claim on behalf of their departed loved one. A skilled lawyer in the area could inform a potential claimant if they are legally able to file a wrongful death claim.

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How Wrongful Death Claims Differ From Survival Claims

The purpose of a wrongful death claim is to address the damages suffered by the surviving family members. In contrast, a survival claim addresses the damages incurred by the decedent and their estate.

If there is evidence that the decedent consciously felt pain before they died, both a wrongful death and survival claim can be filed. A survival claim, however, is filed by a decedent’s heir or personal representative of the estate. A nearby wrongful death attorney could file the appropriate type of claim and help surviving family members collect the damage owed to them.

The Statute of Limitations For Filing a Claim in Parker

Wrongful death claims are civil lawsuits brought in civil court. In the State of Texas, wrongful death claims must be filed within two years of the decedent’s death but do not have to be fully resolved within this time.

Although there are exceptions to the statute of limitations, it is best for a person to bring forth their lawsuit as soon as possible. Potential claimants may benefit from consulting a nearby lawyer, so they do not jeopardize their right to file a wrongful death suit.

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How a Parker Wrongful Death Attorney Could Help

Losing a family member because of another person’s actions is incredibly painful. A wrongful death suit can help you receive some compensation for your losses, but it can be difficult to navigate the nuances of a legal case all on your own.

One of our dedicated Parker wrongful death lawyers could answer your questions and negotiate with opposing parties, so that you can focus on healing. Contact us today to speak with a qualified attorney about your case.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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