Like all states, Texas has a set of statutes that apply to wrongful death claims. These laws permit a deceased person’s survivors to file a lawsuit if the person died as a result of another party’s accidental or intentional act. For more information on whether or not you can sue a hospital for wrongful death in Texas, please continue reading, then contact an experienced Houston, Texas wrongful death lawyer today.
Can you bring a wrongful death lawsuit against a hospital in Texas?
Yes, you can, because Texas statute dictates that “wrongful death” occurs when:
- An injury causes a person’s death or a fetus’s failure to be born alive
- Another person’s or entity’s wrongful act, neglect, carelessness, unskilfulness or default caused an injury, or
- The injured person would have been entitled to file a personal injury lawsuit had he or she lived or been born alive
Of course, before you file suit, you must ensure that you are entitled to file a wrongful death lawsuit.
Who can file a wrongful death suit against a Texas hospital?
Texas law specifies that the deceased person’s surviving spouse, children and parents – or one or more of those individuals on behalf of them all – are eligible to file a wrongful death lawsuit in the state’s civil courts.
If the surviving spouse, children or parents do not file a wrongful death claim within three months of the date of death, the personal representative – sometimes called the executor – or administrator of the deceased person’s estate may file the claim instead, unless all of the surviving family members previously-listed specifically request that the wrongful death lawsuit not be filed.
What kind of compensation can you recover for a wrongful death claim in Texas?
You should receive compensation for the following if you are able to prove your loved one lost his or her life as a result of medical malpractice or negligence:
- Funeral expenses
- The cost of medical treatment your loved one received prior to their death
- Pain and suffering
- The loss of enjoyment of life
- The loss of companionship
- The loss of guidance
- The cost of lost wages that your loved one would have contributed
Before you file a wrongful death claim, you should speak with a skilled Harris County, Texas medical malpractice lawyer.
What can a Harris County medical malpractice attorney do for you?
A competent legal professional will help you collect, compile and present the evidence needed to prove your case in court. This evidence will come in the form of medical records related to the accident, statements from any and all witnesses to the accident, a copy of the police report and any photos and/or videos of the accident scene. No matter the strength of your case, precious few defendants will admit to their negligent or wrongful conduct and hand over the damages that they owe to the families of their victims. That is where a seasoned legal representative comes in. He or she will preserve your rights and fight to hold the defendant accountable. This process can be time-consuming and complicated, so let us handle the paperwork. Please give us a call today.
Contact Our Team Today
If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.