Wrongful death lawsuit experts

A wrongful death suit is a legal action (lawsuit) filed for the death of a person due to the carelessness, negligence, recklessness, malpractice, or inaction of another individual, company or entity. If someone you love has died to due to the negligence or wrongful actions of another, your family deserves answers and compensation.

Please Contact Us for a free consultation to discuss the specifics of your tragedy and let us inform you of your legal rights as we counsel you during this difficult time.

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Wrongful Death Cases in Texas

The Wrongful Death Act has been amended, codified and re-codified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code. The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent’s spouse, parents, and children for the losses they sustained as a result of the decedent’s injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).

The basic elements of a wrongful death claim are:

• Death caused, in whole or in part, by the conduct of another person or entity
• Person or entity was negligent, or strictly liable, for victim's death
• There are surviving beneficiaries or dependents
• Monetary damages have resulted from individual’s death

Texas Wrongful §71.008 (a)

The wrongful death action is subject to all the conditions to which decedent’s action would have been subject had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual’s executor or administrator may be named as defendant in his place.

Texas Wrongful §71.004(b)

The surviving spouse, children and parents may bring the suit.

Time limit to bring a wrongful death in Texas

A wrongful death cause of action accrues at death, if it exists at all, two years from death. The two-year statute of limitations is absolute from the date of death.

The tragic and unnecessary death of a loved one can be one of the most traumatic experiences one can go through in a lifetime. Such a tragedy often leaves family’s devastated and heartbroken, feeling as if they have nowhere to turn. Spouses, children and loved ones are frequently left with little or no financial support as well funeral costs and other out of pocket expenses. Our goal at M&A Law Firm is to help guide you through the process with the highest level of caring, expertise and compassion.

A wrongful death is one that could have and should have been avoided. Knowing how and why the passing occurred cannot bring your loved one back, but it often helps get you the answers you need to bring some closure and understanding to your situation. At M&A, our dedicated and compassionate attorney’s will do whatever it takes to help bring peace to your family by building a thorough and complete case against the negligent defendants.