Under Texas law, a wrongful death claim can be filed when a person’s death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default. This could include cases of medical malpractice, car accidents, workplace incidents, or defective products. In Texas, the death must have occurred within the last two years for a valid claim.

Texas law restricts wrongful death claims to immediate family members. This includes the deceased person’s spouse, children, and parents. Adopted children can file for adoptive parents, and adoptive parents can file for adopted children. Siblings, however, are not permitted to file wrongful death claims in Texas. 

Texas allows for various forms of compensation in wrongful death cases. These include: 

1. 1. Lost earning capacity
   2. Lost care, maintenance, services, support, advice, and counsel the deceased would have provided
   3. Lost love, companionship, comfort, and society
   4. Mental and emotional anguish, pain, and suffering
   5. Lost inheritance In some cases, punitive damages may be awarded if the death resulted from a willful act or omission or gross negligence.

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In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. However, there are exceptions that might extend this deadline, such as cases involving minors or when the cause of death was not immediately known. It’s crucial to consult with an experienced Texas wrongful death attorney as soon as possible to ensure your claim is filed within the legal time frame.

While both arise from a person’s death, they serve different purposes:

• Wrongful death claims compensate family members for their losses.
• Survival claims are brought on behalf of the deceased’s estate for damages the deceased suffered before death, such as medical expenses and pain and suffering. In Texas, these claims are often filed together but remain distinct.

Proving a wrongful death case in Texas requires demonstrating that: 

1. 1. The defendant owed a duty of care to the deceased
   2. The defendant breached that duty
   3. The breach directly caused the death
   4. The death resulted in damages to the plaintiffs Evidence may include police reports, medical records, expert testimony, witness statements, and financial documents showing the economic impact of the death.

Texas oilfield wrongful death cases require specialized knowledge due to the complex nature of the industry: 

1. 1. Multiple liable parties: These may include oil companies, contractors, equipment manufacturers, and property owners.
   2. Federal and state regulations: Familiarity with OSHA standards, Texas Railroad Commission rules, and other industry-specific regulations is crucial.
   3. Unique hazards: Cases often involve explosions, fires, toxic exposure, or equipment failures, requiring expert analysis.
   4. Worker classification: Whether the deceased was an employee or independent contractor can significantly impact the case.
   5. Jurisdiction issues: Some cases may involve federal maritime law if the incident occurred offshore.
   6. Higher potential damages: Due to the typically high wages in the oil industry, economic damages can be substantial.
   7. Corporate resistance: Oil companies often have extensive legal resources, making experienced representation vital.

McMahon Dean has extensive experience navigating these complexities in Texas oilfield wrongful death cases, ensuring no stone is left unturned in seeking justice for your loved one.

Texas doesn’t prescribe a specific formula for dividing settlements. If family members can’t agree, the court will decide based on each person’s losses. Factors considered include the strength of the relationship with the deceased and the degree of financial dependence.

Yes, Texas follows a modified comparative fault rule. You can recover damages as long as the deceased was less than 51% responsible for the incident. However, the compensation will be reduced by the deceased’s percentage of fault. 

Our firm has deep expertise in Texas wrongful death law and a proven track record of securing substantial settlements and verdicts. We offer:

1. • Free initial consultations
   • Access to world class investigators and expert witnesses
   • Compassionate support throughout the legal process
   • No fees unless we win your case
   • Decades of combined experience in Texas courts We’re committed to fighting for the full compensation your family deserves while allowing you space to grieve.