Texas wrongful death law articles and news, produced by our personal injury lawyers to help answer important questions you may have if someone close to you was killed due to another’s negligence.
You’re familiar with wrongful death claims. But you may not know “survival actions.” Learn what they are and when they come into play.
You’ve probably never heard of a “survival action” in personal injury law.
But you’ve certainly heard the term “wrongful death.”
With a “wrongful death” claim, the estate of the deceased person brings a case against a careless or negligent party.
Did you know this wasn’t always the case? It used to be that if you died because of someone else’s negligence, they had no responsibility whatsoever for that. Wrongful death law was first introduced in 1846, when the British passed “Lord Campbell’s Act” that granted recovery for a person killed by tortious conduct.
Could you imagine a drunk driver or careless employer simply allowing someone else to die and going on about their business as usual?
Thank goodness our society has this law.
Several Major Differences Between Wrongful Death and Survival Claims
With wrongful death, […]
It’s a sad but true fact that several hundred thousand people die each year because of the negligent actions of others.
Let’s take a look at the number of wrongful deaths that result from various causes:
Medical Malpractice: Between 210,000 – 440,000 deaths per year
Both of these astonishing ranges are estimates. No one knows the actual number. But it is clear that medical malpractice is the leading cause of wrongful death in the United States. A 2013 study in the Journal of Patient Safety confirms these deaths happen from “preventable medical errors.”
And to put it in perspective, it accounts for 1/6 of all deaths (not just wrongful deaths).
A previous study done in 1999 by the Institute of Medicine (called the “To Err is Human” report) had this number at 98,000.
Car Accidents – 33,783 deaths per year
In a distant second position is car accidents, which cause 33,783 deaths per year. This stat comes […]
It’s sad but true – innocent people are killed because of the careless or reckless actions of others. No one knows the precise numbers, but somewhere between 44,000 to 440,000 Americans die each year due at least partially due to preventable medical errors.
Wrongful death also happens because of:
Car, truck, and motorcycle accidents
What is Wrongful Death?
If you put it simply, wrongful death happens when your family member dies because of the negligence, recklessness, or intentional acts or misconduct of another. Some suits are filed after either a failed or successful criminal case. However, it is easier to prove wrongful death than the alleged crime associated with it.
How Do You Prove Wrongful Death?
You have to prove 4 different elements:
The defendant’s actions must have caused your loved one’s death (either in whole or part)
The defendant must have acted with negligence or the specific intent to cause harm
Your loved one’s […]