Who Are the Wrongful Death Beneficiaries in Houston?
When a loved one passes away due to someone else’s negligence, family members may file a wrongful death claim to seek compensation. In Houston, governed by Texas state laws, only specific individuals can bring such claims.
Who Can File a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code Section 71, the following individuals may act as beneficiaries:
- Spouse (including common-law spouses)
- Children, including biological, adopted, and adult children
- Parents of the deceased
These individuals can file a claim either jointly or separately. If they do not take action within three months of the death, the deceased’s estate representative can file the lawsuit unless explicitly requested not to by a beneficiary.
What Damages Are Recoverable?
Beneficiaries may be entitled to recover:
- Economic damages: Funeral expenses, medical bills, and lost income.
- Non-economic damages: Loss of companionship, emotional distress, and mental anguish.
- Punitive damages: In cases of gross negligence or intentional harm, these damages punish the wrongdoer.
Statute of Limitations
Beneficiaries must file a wrongful death claim within two years of the death. Missing this deadline could result in losing the right to pursue compensation.
Role of a Houston Wrongful Death Attorney
Navigating wrongful death claims can be legally complex, especially when multiple beneficiaries are involved. An experienced attorney can:
- Help beneficiaries understand their legal rights.
- Handle negotiations with insurers and opposing counsel.
- Ensure the family receives the full compensation they deserve.
Conclusion
Losing a loved one is devastating, but a wrongful death claim can help provide financial stability and hold the responsible parties accountable. If you believe you are entitled to file a wrongful death claim in Houston, consulting with a knowledgeable attorney can guide you through the process.