Sherman Wrongful Death Lawyer

Filing a Wrongful Death Claim in Sherman

Under the Texas Civil Practice and Remedies Code, Section 71.002, a claim for wrongful death could be brought if the individual’s death was caused by another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.” In addition, according to Section 71.004, a claim may be pursued by the deceased’s spouse, parents, or children. This means siblings or other extended relatives may be barred from pursuing a wrongful death claim.

Generally, if the family does not file the claim within three months of the date of death, the personal representative of the decedent’s estate may be able to file a claim on behalf of the estate. A wrongful death claim is filed directly against the defendant and alleges the defendant’s liability, seeking monetary damages. The claim is not seeking criminal damages, as that is a separate matter, but criminal liability could be pursued in connection with the death. An experienced lawyer in Sherman could help a family pursue a wrongful death claim and understand the legal process.