Recently, a 73-year old woman was struck and killed in a Wal-Mart parking lot in Cedar Park, in what law enforcement called a slow-speed accident. No one else was injured, and no charges appear to be pending against the driver at this time. However, the woman’s family may decide to file wrongful death charges against them, if there is reason to believe that the driver’s actions were negligent.
You Must Act Fast
Not every sudden death in Texas can be classified as wrongful, or even every fatality that happens in an automobile accident. Wrongful death is defined in Texas as a death that occurs due to the “wrongful act, neglect, carelessness, unskillfulness or default” of another person. In other words, a person has to have acted wrongly or with not even the barest level of care toward other people in order to be found liable for wrongful death. This is not an easy standard to meet, but it is very possible to do so.
Very often, it is difficult for a family to be able to process their loss. While this is, of course, understandable, it is important to also be aware that there is a specific window of time in which you are able to bring a wrongful death suit - in Texas, the limit is usually two years after the deceased person’s passing. The law sets the limit at two years because any longer would mean witness memories start to disappear, and evidence may become lost or decayed....