There are a few general considerations in a wrongful death lawsuit. First, was the death a result - in part or total - of the negligent (deliberate or accidental) actions of another person or entity (such as a business). Too, the state statute related to wrongful deaths - which was originally written in the 19th century - also states that it is a wrongful death if it is caused by another person's 'carelessness or unskillfulness' which all relates back to the breach of a duty which causes a death.
Second, are there any surviving loved ones or beneficiaries? Finally, does the family wish to seek recoverable damages?
In the haze of a loss many surviving family members do not realize they are able to sue the person or entity in a civil proceeding (which may occur separately from any criminal prosecution) to recover the cost of medical and funeral bills, lost wages and support and even such things as 'loss of companionship'. However, there is a time limit set on filing this civil suit.
Generally there is a time limit of two years from the actual date of death in Texas. After that, the person or family loses the right to sue for wrongful death - forever. This statute of limitations varies from state to state -and if you have any question about the statute of limitations it is best to contact a wrongful death lawyer in the state in question and find out.
If you have suffered the loss of a loved one - do not wait to seek legal counsel. Hire an experienced wrongful death attorney as soon as possible while evidence is fresh and before any opportunity to recover damages is lost.
