Yes, you can file a wrongful death claim against a government entity in Texas. However, the process poses unique legal hurdles, making legal representation essential to securing fair compensation for your family. Speak with a McAllen wrongful death lawyer for legal guidance and support.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action filed when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. It allows eligible surviving family members to seek compensation for the financial and emotional losses they have suffered because of their loved one’s death.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, the surviving spouse, children, and parents of the deceased are the people who have legal standing to file a wrongful death claim. If none of these family members are alive or choose to file, the executor or personal representative of the deceased’s estate may pursue the claim on behalf of eligible beneficiaries.
When Is a Government Entity Liable for a Wrongful Death?
Government entities in Texas generally enjoy protections under a legal doctrine known as sovereign immunity, which limits when and how they can be sued. However, sovereign immunity is not absolute. The Texas Tort Claims Act waives immunity for certain claims—including wrongful death—that arise from the negligence of government employees acting within the scope of their duties.
A government entity may be liable for a wrongful death when:
- A city or county employee causes a fatal traffic accident while operating a government vehicle during work hours.
- A dangerous condition on government-maintained property—such as a structurally deficient bridge or an unrepaired roadway—leads to a fatal accident.
- A state agency fails to maintain its facilities or equipment properly, and that failure directly results in someone’s death.
How Do You File a Wrongful Death Claim Against a Government Entity?
Filing against a government entity follows a different process than a standard wrongful death lawsuit. Here is what the process generally looks like:
- First, you give formal written notice of your intent to pursue a wrongful death claim. You must provide the entity with this notice within a very short timeframe, usually within 180 days. Some municipalities have even shorter deadlines.
- Next, the government entity will typically launch its own investigation into the circumstances of the death. This may include reviewing records, interviewing witnesses, and examining evidence to determine whether liability exists.
- Then, the government entity may attempt to resolve the matter through negotiation or mediation. During this stage, you and your attorney engage in discussions to reach a fair settlement.
- Finally, if negotiations fail to produce a fair resolution, you may need to file a formal lawsuit. Your attorney will prepare and file a complaint with the appropriate court, outlining the legal grounds for holding the government entity liable. The court will then review the complaint to determine whether your family is eligible for compensation.
Discuss Your Case with a Texas Wrongful Death Attorney
If you have lost a loved one due to the negligence of a government entity in Texas, a McAllen personal injury lawyer can help your family take action. A lawyer will possess a deep understanding of the procedural requirements unique to government claims, and they will advocate for your family’s rights at every stage. Contact a Texas wrongful death lawyer today to discuss your situation and take the first step toward accountability.
