Exploring Legal Options for Your Brother’s Wrongful Death
Have you lost a loved one due to someone else’s negligence in Texas? Understanding your legal options is crucial. Seeking justice for your brother’s death can be overwhelming, but a Houston wrongful death attorney can help.
Wrongful death refers to a legal claim against a person or entity who is liable for someone’s death. In Texas, this claim can be made by certain family members of the deceased, seeking compensation for their loss.
Navigating the legal process after losing a loved one can be complex. With the right legal guidance, you can seek the justice your brother deserves.
Quick Summary
Below is an overview of the key points of this blog article.
- A wrongful death occurs when someone dies because of another person’s careless actions.
- The statute of limitations for wrongful death claims in Texas is 2 years, meaning you have 2 years from the date of death to file a lawsuit.
- In Texas, siblings cannot sue directly for the wrongful death of their brother.
- If there’s no one else to file the claim, and you are the only family left, you could pursue the case as the executor of the estate three months after the death. If the deceased didn’t name you as the executor, the court will usually appoint the closest surviving family member.
- In a wrongful death lawsuit, the compensation can vary depending on the type of claim. You may receive coverage for medical bills, lost finances, pain and suffering, funeral costs, and personal losses.
- In most cases, siblings won’t directly benefit from a wrongful death claim. However, there are rare situations where they might indirectly benefit. It’s important to discuss any financial contributions you made with the person handling the claim.
What is a Wrongful Death?
A wrongful death happens when someone dies because of another person’s careless actions. This lawsuits are usually filed in the following situations:
- Car Accidents: These accidents can be due to reckless drivers breaking traffic rules, resulting in deaths. Responsible drivers can be sued for compensation if they cause someone’s death accidentally.
- Medical Malpractice: Mistakes in surgery, medication, or diagnosis can result in patient death. Healthcare workers and doctors, or even the hospital, can be sued for wrongful death.
- Premises Liability: Slipping or falling is a common accident that can sometimes lead to serious injuries or even death. The owner of the property or the person responsible for maintaining it could be held accountable for the accident and sued for wrongful death.
- Product Liability: If a product causes someone to die, the company can be sued for wrongful death.
A wrongful death lawsuit has a 2-year time limit to file a lawsuit, known as the statute of limitations. If you don’t file a wrongful death lawsuit within the 2-year limit, you lose the chance to pursue your case.
Can I Sue for the Wrongful Death of My Brother?
According to Texas law, siblings cannot directly file wrongful death claims. Only the deceased person’s spouse, children, or parents can file such a claim.If none of them want to file within three months, the personal representative or executor of the deceased’s estate can file instead. This is unless all eligible individuals agree not to file a claim.
The laws that limit a sibling’s right to sue are meant to make things easier for the family. After someone dies, the legal issues might not matter much to the immediate family. But, if another family member wants to sue for closure or to punish the person responsible, it can upset the spouse, children, or surviving parents.
Do I Have Options If There is No One Else?
According to Texas law, only certain family members can benefit from a wrongful death case: children, the surviving spouse, and the deceased person’s parents. They have three months to start the legal process, after which the executor of the estate can also file a claim.
If you were the only family left, you could pursue a wrongful death case as the executor three months after the death. If the deceased didn’t name you as the executor in their will, the estate will go through probate.
During probate, the Texas probate court will appoint a person, usually the closest surviving family member, as the executor.
What is the Potential Compensation for a Wrongful Death Claim?
The compensation you receive from a wrongful death lawsuit can vary. Depending on the type of claim you make, like for medical malpractice or personal injury, you might get different kinds of compensation. However, there are some common damages you can receive, such as:
Medical Bills
If your loved one was hospitalized before they passed away, you could have all the medical bills from that stay covered. This includes surgery, hospital stay, medication, transportation to the hospital, and more.
Lost Finances
If your loved one had a certain amount of expected income, pension, benefits, and savings, you could receive compensation for that.
Pain and Suffering
If your loved one experienced pain and suffering before their death, you could receive compensation for these damages. This could be from fear, PTSD, anxiety, intense trauma, or other reasons.
Funeral Costs
The cost of the funeral or burial can be covered in a lawsuit. This can include expenses like the casket, cemetery plot, cremation services, and more.
Loss of Consortium
These are personal losses that a surviving family member could experience. If the deceased person and the plaintiff were very close, the loss could be devastating. While the emotional gap left by the loss cannot be filled, the financial damages related to the tragedy can be addressed.
Can I Still Benefit From My Brother’s Wrongful Death Claim?
Usually, siblings won’t benefit directly from a wrongful death claim. There are rare cases where the claim might indirectly benefit them, but it’s not something to count on. Typically, siblings might not receive much, or they might only get compensated for things they paid for.
For instance, if you paid for the funeral and the claim covers those costs, the person receiving the claim might give that money to you. Ultimately, it’s up to the person receiving the claim to decide how to use any compensation they get. This person is usually a child, parent, or spouse of the deceased, or sometimes the executor of the estate.
The idea is that these are the people who should be compensated for the accident and the death. If you helped out financially during this difficult time, you could talk to the person receiving the claim when they file. You could also offer to loan money for funeral expenses or medical bills until the claim is settled.
Compassionate Legal Support for Your Loss
Losing a loved one is devastating, and seeking legal help might be the last thing on your mind. But if you’re asking, “Can I sue for the wrongful death of my brother in Texas?” it’s important to know that you have options. Leeds Law Firm understands the pain you’re going through and is here to help you seek justice.
Our Houston wrongful death attorney can guide you through the legal process with compassion and knowledge. We’ll explain your rights, handle the paperwork, and fight for the compensation you deserve. Let Leeds Law Firm be your advocate during this difficult time.
Our legal team can also assist you with Criminal Defense and Employment Law. Schedule a free consultation today to learn more about how we can help you.
