Killeen, TX Wrongful Death Lawyers 

Compassionate Legal Support for Families in Central Texas

It is difficult enough to deal with the death of a loved one. Grief and loss can be overwhelming for family members and last for years. In the case of a wrongful death, it can be even more traumatic to believe that your loved one perished unnecessarily and senselessly due to the wrongful actions of another.

If you and other family survivors have suffered in this way, it is crucial to turn to a lawyer experienced in the Texas legal system. At Michalk, Beatty & Alcozer, L.P., our Killeen wrongful death attorneys can help you prove that the other person's actions caused your damages and losses. Our seasoned litigators have spent decades assisting Texans in securing the outcomes they deserve through comprehensive representation. We are here to take on the legal burden and fight for justice on your behalf.  

Understanding Wrongful Death in Texas

Texas wrongful death is defined as a death caused by another person or entity's wrongful act, neglect, carelessness, unskillfulness, or default. This definition encompasses a wide range of incidents, including but not limited to car accidents, bus accidents, trucking accidents, pedestrian, bicycle, and motorcycle accidents, premises liability accidents, workplace accidents, and product defects.

The essential basis of a wrongful death claim is that the injured person would have had the right to file a personal injury claim if they had not died from their injuries. Because their injuries were fatal, family survivors can pursue a civil claim against the party or parties responsible for the death. 

Who Is Eligible to File a Wrongful Death Claim in Texas?

Under Texas law, wrongful death claims can be filed by the following parties:

• Spouses: The surviving spouse of the deceased can bring forth a wrongful death claim.
• Children: Biological and legally adopted children of the deceased have the right to file a claim.
• Parents: Both biological and adoptive parents of the deceased can pursue a wrongful death claim.

Notably, siblings of the deceased are not eligible. Furthermore, the executor or administrator of the deceased’s estate can file a claim if no eligible family member does so within three months of the death. This is allowed unless all family survivors request no lawsuit be brought. 

What Are the Most Common Causes of Wrongful Death?

Wrongful death claims can arise from a wide variety of situations, typically involving negligence, carelessness, or intentional harm. Some of the most common causes of wrongful death in Texas include:

• Motor Vehicle Accidents: Car, truck, and motorcycle accidents are some of the leading causes of wrongful death. Reckless driving, distracted driving, impaired driving, and speeding can result in tragic accidents that lead to fatalities.
• Medical Malpractice: Mistakes made by doctors, nurses, or other healthcare professionals, including misdiagnosis, surgical errors, and medication mistakes, can result in fatal outcomes.
• Workplace Accidents: Construction site accidents, factory accidents, and other workplace hazards can cause fatal injuries, especially in industries where safety protocols are not properly followed.
• Defective Products: Products that are defective or have design flaws can lead to fatal injuries. Examples include faulty airbags, dangerous pharmaceuticals, or malfunctioning machinery.
• Premises Liability: Property owners are responsible for maintaining safe conditions on their premises. Fatal accidents, such as slip and falls or inadequate security leading to violent crimes, can result in wrongful death claims.
• Intentional Acts of Violence: Wrongful death can also result from violent actions, such as assault, battery, or even homicide.

In these cases, a wrongful death lawsuit can help surviving family members hold the responsible party accountable and seek compensation for their losses.

Statute of Limitations on a Wrongful Death Claim in Texas

In Texas, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means that survivors have two years to initiate legal action, or they risk losing their right to seek compensation. However, there are some exceptions to this rule that may extend the filing deadline. For example:

• If the responsible party is a government entity, a special set of rules may apply.
• In some cases, if the cause of death was not immediately apparent or discovered, the statute of limitations could be extended.

Because wrongful death cases are complex, it’s essential to consult with an experienced wrongful death lawyer as soon as possible to ensure you do not miss critical deadlines.

Understanding Texas Wrongful Death Laws

Texas law defines wrongful death as a death caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. To successfully pursue a wrongful death claim, survivors must prove that their loved one would have had the right to file a personal injury lawsuit had they survived the accident.

In Texas, survivors eligible to file a wrongful death claim include:

• Spouses of the deceased
• Children (biological or legally adopted)
• Parents (biological or adoptive)

If none of these parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim on behalf of the survivors, unless the family members request not to pursue a lawsuit.

Reach out today for a free consultation with a Killeen wrongful death attorney. Call (254) 765-9552 now.