When your loved one has died because of a negligent accident or wrongful act, you may wonder who is entitled to wrongful death benefits. The question of who gets wrongful death benefits can be especially important if the person was also a breadwinner. In Texas, spouses, children, and parents can file claims to receive wrongful death benefits. Spouses who can sue to receive benefits, including wrongful death settlement, include those in both formal and common law marriages. They can sue even if the couple was separated when death occurred. Parents of adopted children can file claims. And adopted children can file wrongful death claims for adoptive parents, but not for biological parents. Family members may choose to file separately or as a group. If eligible family members don’t file a claim within three months of the death, the estate’s executor or administrator can file, unless asked not to by a family member.
Now That You Know Who Gets Wrongful Death Benefits, Learn Who Does Not
As you can see, who is entitled to wrongful death benefits here in Texas has limits. While grandparents, siblings, aunts and uncles, cousins and other more distant relatives of the deceased may have loved that person and greatly feel their loss, they cannot file claims or get benefits. The same is true for step-parents and foster parents. Also, people who are engaged to be married or who are living together but are not in a common law marriage cannot sue for wrongful death.What Kind of Wrongful Death Benefits Can I Get?
The benefits you may be able to get in a wrongful death claim depends on the specific facts of your case. These are examples of the types of benefits you might get in a successful lawsuit:- Medical expenses
- Funeral and burial costs
- Lost earning capacity
- Lost inheritance
- Lost love and companionship
- Lost care, support, and advice
- Emotional pain and suffering.
Who Can Be Sued for Wrongful Death in Texas?
A variety of parties can be sued for wrongful death in Texas. Individuals, employers, manufacturers, healthcare providers, government institutions, and others can all be sued if there is evidence that death occurred due to their negligent or wrongful actions. There are a wide variety of ways a wrongful death can occur. They can be caused by:- Motor vehicle crashes. Motor vehicle crashes often result in serious injuries, with fatal motor vehicle accidents primarily caused by distracted drivers, drunk drivers, aggressive drivers, and others. Injured in vehicle crash due to poor road conditions can also cause fatal accidents. Poor road conditions can also cause fatal accidents. According to the Texas Department of Transportation there are over 3,700 traffic deaths annually on the state’s roadways.
- On-the-job accidents. More people die on the job in Texas than in any other state. Employers have a duty to keep employees safe and can be liable when they fail to do so. In some cases, deaths at work are caused by contractors or other third parties.
- Medical malpractice. If a doctor or other healthcare provider makes a negligent error and the patient dies, they may be liable for wrongful death. Misdiagnoses, surgical mistakes, drug errors, failing to recognize symptoms of serious conditions, and delayed or improper treatment are some common causes of wrongful death.
- Defective products. Product designers and manufacturers can be held liable if their defective products cause deaths. For example, when cars, toys, household appliances, food, medical devices, and other products are defectively designed or manufactured and injury and death occurs, the companies responsible for them may be at fault.
- Slip and fall accidents. When someone slips and falls on an unsafe property and sustains slip and fall accident injuries, which can range from minor bruises to severe fractures and head trauma, the property owner may be liable under premises liability laws.