Losing a family member to another person’s negligence can leave you facing financial worries while dealing with a profound personal loss. Filing a Galveston wrongful death action gives certain surviving family members a legal way to seek compensation from the party responsible for the death.
The process involves more than proving that a death occurred. State law controls who may pursue the claim and when you must file a lawsuit. A wrongful death attorney from Schechter, Shaffer & Harris could investigate the circumstances and help protect your family’s rights.
When State Law Allows a Wrongful Death Claim
A wrongful death claim arises when another party’s wrongful conduct causes a person’s death. Under Texas Civil Practice and Remedies Code § 71.002, a party can be liable when its wrongful act or negligence, whether directly or through an employee, leads to a fatal injury. This can apply to many fatal accidents, from motor vehicle crashes to incidents on unsafe property.
Filing a wrongful death claim in Galveston generally starts with evidence connecting the defendant’s conduct to the fatal injury. Depending on the circumstances, an investigation may involve:
- Accident or incident reports
- Photographs and video recordings
- Witness statements
- Medical and autopsy records
- Expert analysis of causation or safety standards
Preserving this evidence early is important because physical conditions change and surveillance footage can disappear.
Which Family Members Can File the Lawsuit?
Only a narrow group may bring the claim. Tex.Civ. Prac. & Rem. Code § 71.004 reserves it for the deceased person’s surviving spouse, children, and parents. They do not each have to file a separate lawsuit because the claim can proceed as a single action that accounts for every eligible beneficiary’s losses.
The statute also plans for delay. If none of the eligible family members files within three months of the death, the executor or administrator of the estate generally must bring the action, unless all of the beneficiaries ask that it not be filed. When more than one relative has a potential claim, coordinating a single action also keeps the family from working at cross purposes and helps the court resolve everyone’s losses together. Our Galveston attorneys could help determine who should file the wrongful death action at the outset to prevent procedural disputes later.
Preparing the Claim and Meeting the Filing Deadline
Before filing the wrongful death lawsuit, a Galveston attorney from our firm investigates the facts carefully, weighing the available evidence and the relationship between the deceased and each beneficiary. Families must also consider the statute of limitations. Under Tex. Civ. Prac. & Rem. Code § 16.003, a death action generally must begin within two years, and that period starts on the date of death. Certain circumstances can affect that deadline, so waiting can be risky.
Starting the investigation well before the deadline gives us more time to preserve evidence and evaluate every potential defendant.
File a Wrongful Death Claim With Our Galveston Team
A wrongful death lawsuit cannot replace the person your family lost, but it can offer a process for establishing legal responsibility and pursuing fair compensation. The right preparation early on protects both the evidence and your family’s options.
If you are considering filing a Galveston wrongful death action, contact Schechter, Shaffer & Harris to discuss your situation and determine the appropriate next steps.
