Wrongful Deaths and Setting Up an Estate
Personal Injury Lawyers » Wrongful Deaths and Setting Up an Estate
The Importance of Setting up an Estate Following the Wrongful Death of a Loved One
Texas Wrongful Death Lawsuit
If you’ve recently experienced the death of a loved one due to the negligent actions of another, you likely have several questions regarding your ability to recover compensation for the economic and emotional hardships that resulted from their death. Specifically, you may be wondering if you will need to set up an estate before filing a wrongful death lawsuit. However, before discussing if Texas law requires you to set up an estate, we need to determine if you’re eligible to file a claim by first defining what a wrongful death case is.
What is a Wrongful Death Case?
Texas’ legislature and courts have adopted and interpreted laws that outline a family’s ability to recover compensation for the injuries they’ve suffered if their loved one’s death was caused by someone else’s negligent or reckless actions. Moreover, damages recoverable under Texas’s wrongful death laws are classified into two categories: economic and non-economic. However, it’s important to note that not every family member is eligible to assert a wrongful death lawsuit to recover for the negative economic and emotional damages they’ve suffered. Specifically, Texas law only allows spouses, children, and parents of the deceased to assert wrongful death claims. Now that we have defined eligibility for asserting a wrongful death case, we can discuss whether an estate needs to be set up before filing any wrongful death claims.
Do you Need to Set Up an Estate to File a Wrongful Death Case?
In a word, no – Texas law does not require a person to set up an estate for their deceased family member before filing a wrongful death lawsuit. This is because the claims asserted in a wrongful death case are designed to compensate the affected family member for the personal effects they’ve experienced from their loved one’s death. To illustrate, eligible family members that relied on the financial and emotional support of their loved one who is killed in a car accident by a drunk driver have been personally wronged by the drunk driver, and their claims are considered separate under Texas’ wrongful death laws.
Is There Any Scenario Where I Would Need to Set Up an Estate to Recover Damages Related to the Death of My Loved One?
Although not required for wrongful death claims, an estate needs to be set up to recover compensation for a “survival” claim. Survival claims are designed to compensate the deceased (which, for all practical purposes, compensates his estate) for the injuries he suffered before his death. As the deceased is no longer alive, he is no longer able to assert a lawsuit and needs the estate (the legal representative of his interests after his death), to file a lawsuit on his behalf.
For example, assume that the decedent died after spending several months in the hospital attempting to recover from injuries caused by a defective product. An estate will need to be set up on his behalf to recover for the pain, suffering, disfigurement, mental anguish, and any other claims he could have asserted on his own behalf had he survived his injuries and been released from the hospital.
Our Experienced Texas Wrongful Death Attorneys May be Able to Help You Get the Compensation You Deserve
As you may have already concluded, retaining an experienced wrongful death attorney is absolutely essential to obtaining full compensation for the injuries you and you’ve family has suffered as a result of your loved one’s death.
If you would like more information regarding how our firm may be able to help you obtain the compensation you deserve and pursue justice against the person responsible for your loved one’s death, our experienced wrongful death attorneys invite you to give them a call any time, day or night, for a free consultation.
This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
