When someone dies because of another person’s wrongful act, the family may be left with legal questions at the same time it is dealing with the loss. An insurance company may be calling. Medical and funeral matters may need attention. Family members may be asking who can bring a claim, whether an estate must be opened and what should happen first.
Skilled and compassionate Magnolia wrongful death lawyer John Ghezzi represents families in Magnolia and Montgomery County after a wrongful death and handles the legal work personally. He is also able to handle the related estate administration in house. A consultation costs nothing. The family can speak directly with John about what happened, the legal issues that may apply and the steps that may be necessary.
There is no need to make immediate decisions with an insurer before understanding the rights involved. Schedule your free consultation with Magnolia personal injury attorney John Ghezzi today.
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Texas limits who may bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.004, the action is for the exclusive benefit of the deceased person’s surviving spouse, children and parents. One or more of those individuals may bring the action for the benefit of all eligible beneficiaries.
The statute also addresses what happens when those beneficiaries have not begun an action. If none of the people entitled to bring the claim has started the action within three calendar months after the death, the deceased person’s executor or administrator is required to bring and prosecute the action unless all of the eligible beneficiaries request that the representative not do so.
This makes the role of the estate’s personal representative important in some cases. The representative is the person legally authorized to act for the estate, but that role does not replace the statutory rights of the surviving spouse, children or parents in a wrongful death action.
The circumstances can become more complicated when several family members are eligible beneficiaries or when an estate has not yet been opened. The timing of the claim, the identity of the proper parties and the relationship among the beneficiaries should be reviewed before filing.
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A wrongful death claim and a survival claim are related, but they address different legal interests. A Texas wrongful death claim concerns the losses suffered by the surviving statutory beneficiaries because of the person’s death. Texas law makes that claim available for the benefit of the surviving spouse, children and parents.
A Texas survival claim is different. Under Texas Civil Practice and Remedies Code Section 71.021, a personal injury cause of action does not disappear simply because the injured person dies. The claim survives in favor of the person’s heirs, legal representatives and estate.
The practical distinction is important. A wrongful death claim addresses the consequences of the death for the people identified by the statute. A survival claim preserves the deceased person’s own personal injury cause of action for the period before death. Depending on the circumstances, that can include the person’s claim arising from injuries they experienced before they died.
A family may therefore need to consider both claims rather than assuming that a wrongful death action covers every legal issue created by the death. The proper claims depend on what happened, when death occurred and the losses and injuries involved.
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One of the practical issues in a wrongful death case is the estate. In some cases, an estate needs to be opened so that there is a personal representative authorized to handle estate matters and pursue a survival claim on behalf of the deceased person’s estate.
Probate and estate administration are separate areas of law from personal injury litigation. Many personal injury firms do not handle that work themselves and refer the family to another lawyer. That can leave a grieving family having to find and coordinate with a second attorney while the injury claim is also being addressed.
Wrongful death attorney Montgomery County John Ghezzi handles probate and estate administration in-house. He has handled this type of work for roughly 15 years. When an estate needs to be opened or administered in connection with a wrongful death matter, the family does not have to go and hire another attorney solely to handle that piece of the legal process.
That does not mean every wrongful death case requires an estate to be opened, and it does not guarantee that any legal step will happen faster. The need for estate administration depends on the circumstances and the claims involved. The important point is that John Ghezzi can address the estate work himself when it is required.
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A wrongful death claim may involve several categories of losses recognized under Texas law. The specific damages depend on the circumstances and the evidence supporting the family’s losses.
The available damages depend on the particular facts, the relationship of the claimant to the deceased, and the evidence supporting each claim. A careful evaluation considers both the losses experienced by eligible family members and the legal rights that continue through the estate.
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Wrongful death claims can arise from different forms of negligence or other wrongful conduct. Magnolia, TX wrongful death lawyer John Ghezzi handles claims involving vehicle collisions, commercial truck crashes, workplace and industrial incidents, refinery accidents, defective products, and medical negligence.
The cause of death determines what evidence needs to be examined and which parties may potentially be responsible. Early attention can help preserve relevant records, physical evidence, and witness accounts while they remain available.
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Texas generally requires a wrongful death action to be filed within two years after the date of death. Texas Civil Practice and Remedies Code Section 16.003(b) states that an action for injury resulting in death must be brought no later than two years after the cause of action accrues, and specifies that the cause of action accrues on the death of the injured person.
There are statutory exceptions and special circumstances that can affect limitations. For example, Texas law addresses legal disabilities in Section 16.001, so the circumstances of the beneficiaries may matter.
The limitations period should not be treated as a reason to wait. Evidence can deteriorate, records can become harder to obtain and witnesses can become more difficult to locate long before a filing deadline arrives. A prompt review by a Magnolia wrongful death lawyer can help determine which deadlines and claims apply.
COMMON QUESTIONS
Not every wrongful death matter requires an estate to be opened. An estate may become necessary when a survival claim must be pursued or when estate administration is otherwise required. John Ghezzi handles probate and estate administration in house, so the family does not have to find a separate lawyer for that work when it is needed.
Texas law allows the surviving spouse, children or parents to bring a wrongful death action, and one or more eligible beneficiaries may bring it for the benefit of all. If none begins the action within three calendar months, the executor or administrator generally must act unless all eligible beneficiaries request otherwise.
An early offer may be made before the family has a complete understanding of the claims, damages and estate issues involved. Accepting a settlement may require signing a release that resolves the claim. Before accepting an offer, have the proposed resolution reviewed in light of the family’s legal rights. When you hire seasoned Magnolia wrongful death attorney John Ghezzi, you establish a strong attorney-client relationship built on honesty and personal attention. Discuss your claim directly with John. Schedule a free consultation today.
WRITTEN BY
Attorney John Ghezzi has over 30 years of trial experience representing injured Texans. He is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. View full bio →