Who Can File a Wrongful Death Lawsuit in New Braunfels, Texas?
The sudden loss of a loved one is devastating, and understanding who has legal standing to pursue a wrongful death claim in New Braunfels adds another layer of complexity to an already challenging time. Under Texas law, specific family members are designated as eligible beneficiaries who can seek compensation when negligence or wrongful acts result in death. The primary beneficiaries include the deceased person's spouse, children, and parents, who may pursue damages both individually and on behalf of the estate. Each eligible party has distinct rights regarding compensation for various losses, including lost financial support, emotional suffering, and loss of companionship. Secondary beneficiaries, such as siblings or other relatives, generally cannot file wrongful death claims in Texas unless specifically named as the estate's representative and no primary beneficiaries exist or choose to pursue the claim.
Legal Rights and Considerations
Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims in New Braunfels, establishing a two-year statute of limitations from the date of death. Multiple insurance policies may come into play, including the at-fault party's liability coverage, the deceased's life insurance, and potentially underinsured/uninsured motorist coverage. Eligible beneficiaries can seek various forms of compensation, including economic damages (lost wages, medical expenses, funeral costs) and non-economic damages (mental anguish, loss of companionship, loss of inheritance). The court may also award exemplary damages in cases involving gross negligence or willful acts. Texas follows modified comparative fault rules, meaning recovery is possible as long as the deceased was not more than 50% responsible for the incident. An experienced Texas wrongful death law firm will handle all aspects of the complex legal claim.
Fatal injuries can occur in many types of accidents. Click the links below to get information on legal claims from personal injury attorneys who have experience in these different types of accidents and injuries including:
- New Braunfels car crash attorney;
- New Braunfels pedestrian accident attorney;
- New Braunfels motorcycle collision lawyer;
- New Braunfels boat accident attorney;
- New Braunfels brain injury lawyer;
- New Braunfels spine injury attorney;
Related Resources
Local Courts
- Comal County District Court
- New Braunfels Municipal Court
- Texas 22nd Judicial District Court
Support Services
- Texas Crime Victims' Compensation Program
- Comal County Victim Services Division
- Parents Against Wrongful Death Support Group
Legal References
- Texas Transportation Code
- Texas Civil Practice and Remedies Code Chapter 71
- Texas Department of Insurance Resources
- Texas State Law Library - Wrongful Death Claims
Return to the New Braunfels wrongful death claim information page
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