Filing a Wrongful Death Lawsuit in Corpus Christi

Wrongful death lawsuits offer individuals a means by which they can seek financial compensation for the damages and losses they have suffered following the loss of a family member. This means that the wrongful death claim is not actually filed on behalf of the deceased person, but rather the family members and loved one they left behind.

In Texas, this includes:

• Spouses: Legally married spouses, including same-sex spouses and spouses in a recognized common-law marriage can file wrongful death claims after the loss of their partner.
• Children: Both biological and legally adopted children, whether a minor or adult, can seek damages for the loss of a parent.
• Parents: Both biological and adoptive parents can file a wrongful death following the loss of a child, regardless of the age of the adult or child.

However, Texas does not allow wrongful death lawsuit to be filed by:

• Siblings: Brother and sisters have no legal right to file for wrongful death of their sibling, regardless of how close they were.
• Grandparents: Grandparents do not retain a right to file for the loss of a grandchild, unless they have legally adopted the grandchild before their passing.
• Stepparents and stepchildren: Unless a legal adoption took place, step relatives are not allowed to file a wrongful death claim in Corpus Christi.
• Unmarried partners: Partners without a formal or common-law marriage are not able to file a wrongful death claim.

Statute of Limitations for a Corpus Christi Wrongful Death Claim

Texas Civil Practice and Remedies Code § 16.003 provides a two-year statute of limitations for wrongful death lawsuits. This means you have just two years to seek compensation for the death of a loved one.

There are, however, some key points and exceptions to consider:

• The two-year time frame beings on the date of death, not the date the fatal accident or injury occurred.
• The clock may be temporarily paused if the specific cause of death could not be reasonably discovered right away. In these instances, the statute may be delayed until a cause of death is determined.
• The limitation if “tolled” for surviving children under 18. Instead, the clock does not start until they turn 18, meaning that can seek compensation until their 20^th birthday regardless of when the death occurred.

Regardless of the statute, it is best to contact an attorney about your wrongful death claim as early as possible. Reaching out to an attorney early helps ensure evidence is preserved, witness recollections are fresh, and your rights are protected from the start.

What Damages Can Be Sought?

When filing a wrongful death lawsuit in Corpus Christi, you will be seeking compensation for the damages you have suffered due to the loss of your loved one.

This can include economic damages like:

• Funeral expenses
• Loss of financial support
• Loss of benefits (i.e., insurance)
• Medical expenses incurred by your loved one before passing
• Loss of inheritance

However, due to the emotional turmoil that follows the loss of a loved one, your claim may also seek non-economic damages. These are damages that do not have an inherent dollar amount but are provided an estimated value in an attempt to make you whole.

Non-economic damages for a wrongful death claim typically include:

• Mental anguish
• Pain and suffering
• Loss of companionship
• Loss of emotional support

Our Corpus Christi wrongful death lawyers have handled numerous wrongful death claims and understand the how to identify and prove damages to provide clients with the best possible outcome for their case.

If you have any questions about what damages may be available to you or your family, contact Thomas J. Henry for a free case review.

What is a Survival Action?

While researching your legal options, you may have come across survival action claims. Survival actions are a bit different from wrongful death claims as they seek compensation for damages suffered by the deceased person prior to their death.

The general idea is that had the deceased person survived, he or she would have been able to pursue legal action against the defendant to recover for pain and suffering. Because the person is no longer able to recover those damages, a survival action states that those damages should in turn be paid to the surviving members of that person’s family.

In Corpus Christi, survival actions can be filed by the deceased person’s legal heir or by an estate representative. Survival actions can be filed in conjunction with a wrongful death claim.

Did You Lose a Family Member to Negligence or Reckless Behavior? Contact Our Corpus Christi Wrongful Death Attorneys Immediately

If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our team of experienced Corpus Christi wrongful death attorneys have the experience and resources to handle your claim effectively and aggressively.

At Thomas J. Henry, we offer FREE case reviews, and you don’t owe a thing unless we win your case.  Let us help you and your family recover the compensation you deserve. Our Corpus Christi wrongful death lawyers are available 24/7, nights and weekends to talk with you.

Our Corpus Christi Personal Injury Law Offices

• Phone number: 361-254-7873 (attorneys available 24/7 to assist you)
• Address: 521 Starr Street, Corpus Christi, Texas 78401 (walk-in Monday through Friday)