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.
Considering a wrongful death lawsuit? Read these common questions and answers before you act.
When someone dies, and another person or organization acted negligently in causing that death, you have a “wrongful death” lawsuit.
It’s a sad situation because the death could have likely been prevented if the negligent party acted responsibly.
You may have some of these questions if you are considering filing a wrongful death claim:
Who Can File a Wrongful Death Claim?
It differs by state. Good news for Texans: many people have the right to file a wrongful death claim.
In Texas, the surviving spouse, children, or parents have the right to file a wrongful death claim within 3 months of the death. They do have the ability to specifically request no wrongful death claim be filed.
If they choose not to exercise that right, the deceased person’s representative or executor of their estate can file the claim instead (but only after […]
Did your loved one die because of someone else’s negligence? Discover how Texas wrongful death claims work in this post.
It’s a worst-case scenario: your loved one dies because of someone else’s carelessness. Maybe an employer failed to properly train your loved one’s coworkers or warn them of workplace hazards. It could have been someone who decided to drink way too much and get behind the wheel. Or, it could be a large corporation that sold a prescription they knew was likely to cause death in many people.
It happens. Not often. But it does happen.
So now you have a “wrongful death” lawsuit on your hands. Each state handles wrongful death differently, and here’s how it works in Texas:
Who Can File a Wrongful Death Claim?
In Texas, the surviving spouse, children, or parents of the victim may file a wrongful death lawsuit. Any individual can bring forth the claim, or they may […]
American employment still isn’t as safe as it should be. Learn the shocking number of workers that still die in American workplaces today.
Remember what happened before unions existed? Building railroads was hazardous work back in the 1800s.
And if you got injured, or even died while on the job, that was your problem. The railroad took no responsibility at all. It didn’t help your surviving family members.
Unions may get a bad rap today. But they still do good things and have a clear and strong case for their existence.
Despite the fact that working conditions have greatly improved, and that companies for the most part take much more responsibility for their workers, about 150 workers still die each day in the United States. That comes to 4,585 each year. This data comes from a 2015 report released by the AFL-CIO: Death on the Job: The Toll of Neglect. Behind accidents, the number […]
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 […]