When a loved one dies in a workplace accident, family members have the option under Texas law to seek compensation by filing a lawsuit. A wrongful death lawyer in Houston, TX, gives a brief overview of what is involved in filing a wrongful death lawsuit in Texas.
Can I File a Wrongful Death Lawsuit for a Fatal Workplace Accident in Texas? Answers from a Wrongful Death Lawyer in Houston, TX
Workers’ Compensation and Wrongful Death Claims
If an employer has workers’ compensation insurance, employees and their families cannot file a lawsuit against the employer, since this insurance is meant to provide compensation for workplace injuries and fatalities. However, Texas does not require employers to have workers’ compensation insurance, so if employers do not have workers’ compensation coverage, families can pursue a wrongful death claim against the employer.
Also, if a third party (such as an equipment manufacturer or a subcontractor) was responsible for the accident, families may have grounds for a wrongful death lawsuit against that party, regardless of workers’ compensation coverage. These claims are civil lawsuits, separate from any criminal proceedings related to the incident. The claim depends on proving that negligence or someone’s wrongful act caused the death. Click here for more information.
Who Can File a Wrongful Death Lawsuit for a Workplace Accident?
Under Texas law, only specific family members can file a wrongful death lawsuit: the surviving spouse, children, and parents of the deceased. Siblings and other relatives typically do not have the right to file. Eligible individuals can file the lawsuit individually or together.
The executor or administrator of the deceased’s estate may bring the claim on behalf of the family, if it has been three months since the death and no family members have filed a claim. However, any family member who has the right to file a wrongful death lawsuit can object to the executor’s decision to file.
Establishing Fault in a Fatal Workplace Accident
A wrongful death claim depends on clearly proving that negligence or misconduct at the workplace played a role in the fatality. Proving negligence, whether by the employer or by a third party, has several key components, according to the law. It must be established that the defendant had a duty of care to the deceased. Then it must be shown that they breached this duty. Finally, there must be clear proof that this breach of duty directly caused the fatality.
Types of Damages in a Wrongful Death Claim
Economic damages are for definable financial losses: funeral expenses, any medical bills related to the accident before death, and lost wages and benefits the deceased would have provided. Non-economic damages include intangible losses: mental anguish, loss of companionship, and emotional suffering. Texas law also allows for punitive damages in certain cases, if the defendant’s conduct was especially reckless or intentional.
Statute of Limitations for Wrongful Death Lawsuits in Texas
Under Texas law, wrongful death claims have a two-year statute of limitations. This means that eligible family members generally have two years from the date of the deceased’s death to file a lawsuit. Some exceptions might apply, such as in situations involving fraud or deception.
Wrongful death claims can give families a way to seek justice and compensation, particularly when an employer lacks workers’ compensation coverage or a third party is involved. A wrongful death attorney can help your family take the necessary steps in holding responsible parties accountable.
