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A pipeline explosion wrongful death involving a family member can affect you and your loved ones emotionally, psychologically, and financially. Depending on the circumstances, you can file a wrongful death lawsuit in which you request compensatory damages based on the tragic loss of your loved one.
Speak with an empathetic and compassionate pipeline explosion attorney if you want to learn more about what a wrongful death lawsuit entails. If warranted, your lawyer can help you file a wrongful death lawsuit in accordance with Texas law.
Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, child, or parent of a deceased person (decedent) is generally eligible to file a wrongful death lawsuit. Eligible family members can file together as part of a single lawsuit. Or, one eligible person can file on behalf of everyone.
If none of the eligible beneficiaries files within three months of the death, the executor or administrator generally must bring the wrongful death action. However, this individual cannot sue if all of the eligible family members explicitly request that no lawsuit be filed.
Based on Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. As such, if you are eligible to file a wrongful death lawsuit and want to sue for losses after a loved one dies in a pipeline explosion, you may have two years to do so.
An explosion injury attorney can evaluate your wrongful death case and explain the statute of limitations that applies to it. They can help you file your wrongful death lawsuit and recover economic and non-economic damages.
Wrongful death damages address eligible family members’ own losses. A separate survival claim preserves the deceased person’s injury claim for the estate, ordinarily through its personal representative. Depending on the claim and who incurred the expense, recoverable losses can include:
Outside of these, a judge or jury can award punitive, or exemplary, damages, which are governed by Chapter 41 of the Texas Civil Practice and Remedies Code.
Punitive damages can be awarded if you can provide clear and convincing evidence that shows your loved one’s death occurred due to a willful act or omission or gross negligence.
If awarded, the exemplary damages you receive can total up to $200,000 or two times the economic damages plus an amount equal to non-economic damages up to a maximum of $750,000, whichever is greater. Some exceptions can apply to punitive damages caps in Texas.
Meet with a wrongful death lawyer who has pipeline explosion case experience if you are interested in filing a lawsuit. Your attorney can assess your case and let you know if you are eligible to sue.
Your attorney can guide you through the process of filing a lawsuit. Once your lawsuit is filed, your lawyer can engage in settlement negotiations. If no agreement is reached, your attorney can argue your case to a judge or jury.