Losing a child leaves a hole in a parent’s life that can never be filled. Nothing can ever right this wrong or make up for such a heartbreaking loss. However, filing a wrongful death claim in Texas as a parent can deliver some degree of justice if someone else is responsible for the death of your child. Learn more about this type of claim by contacting a San Antonio wrongful death lawyer to determine if it’s the right path for your family.
When Can a Parent File a Wrongful Death Claim in Texas?
The Texas Wrongful Death Act, Texas Civil Practice and Remedies Code § 71.002, states that a cause of action for actual damages arising from an individual’s death may be brought if the fatal injury was caused by a “wrongful act, neglect, carelessness, unskillfulness or default.”
Your family may have grounds to file a wrongful death claim for a deceased child if there is evidence that the accused party (defendant) owed your child a duty of care – meaning a responsibility to act in a prudent manner to prevent injury to the child – but breached this duty, resulting in the fatal injury or illness.
Common scenarios where a wrongful death claim could be submitted on behalf of a deceased child in Texas include motor vehicle accidents, swimming pool or drowning accidents, medical malpractice or birth injuries, fatal dog attacks, and defective product incidents. These situations point to the fault and liability (legal and financial responsibility) of another party for the child’s death.
Multiple parties could potentially be held liable, including:
- A motor vehicle driver
- A product manufacturer
- A property owner or controller
- A nanny or babysitter
- A doctor or pediatrician
- A dog owner
- A school or daycare center
- A sports coach
- The government
State law grants exclusive right to file a wrongful death claim to the surviving spouse, children and parents of a deceased individual in the first three months after the death occurs. After three months, the representative of the child’s estate also has the right to file. As a parent, you or your San Antonio injury attorney can pursue justice and financial compensation by submitting a claim.
Is There a Time Limit to File a Claim?
Yes. Texas Civil Practice and Remedies Code § 16.003 gives claimants no more than two years from the date of a deceased child’s death to file a related wrongful death claim. This deadline can be extended in unique situations, such as if you did not discover that your child’s cause of death was related to negligence right away. It is important not to wait to contact an attorney about a potential case, however.
How a Wrongful Death Attorney in Texas Can Help
It can be extremely emotionally and mentally taxing for grieving parents to deal with the legal process of a wrongful death claim in Texas. The best thing you can do is hire an attorney to provide you with legal representation. An attorney can investigate your child’s death to search for evidence of negligence or fault. Then, your lawyer can handle the claims filing process, ensuring you meet all important requirements and filing deadlines.
You can count on your attorney to advocate for your child and seek the best possible case results. An attorney in Texas who has experience handling wrongful death claims involving children will know exactly how to give your son or daughter a voice in the justice system. Your lawyer will help you hold the right party accountable. Meanwhile, your family can focus on what really matters: grieving and healing.
To request a free consultation regarding the tragic loss of your child, we invite you to contact Hill Law Firm Accident & Injury Attorneys. Our attorneys will listen to your story and determine the best way to help you during this difficult time.