ABOUT WRONGFUL DEATH CASES
What Is A Wrongful Death Claim?
When a family member succumbs to the negligence, recklessness, intentional actions, or misconduct of another party, surviving family members have grounds for legal action. They can pursue claims for mental anguish, loss of financial support, loss of household services, loss of advice, and loss of maintenance that the deceased family member provided before their premature death.
Even if the deceased had a Will, an estate can still be established. Legal damages for the deceased will be pursued through a survival action case, and we will outline the distinctions between these two types of claims below.
How Soon Must You File A Wrongful Death Claim?
Time is of the essence, so prompt action is crucial. In Texas, two statutes of limitations govern the law:
- The period within which the deceased could have filed a claim – 2 years.
- The period within which you can claim on behalf of your loved one – 2 years.
- Waiting beyond two years and one day from the incident that led to the loss of your loved one will legally prohibit you from seeking financial compensation.
The decisions you make now will significantly impact your case’s outcome. You have a single opportunity to present your loved one’s story correctly.
- Immediate strategic decisions must be made.
- Evidence needs to be collected promptly.
- Experts may be required urgently.
Distinguishing Between Wrongful Death And Survival Action
A Wrongful Death claim is initiated by certain family members who directly suffer financial and emotional harm due to the untimely and unjust loss of a relative caused by another’s negligence or gross negligence.
A Survival Action is filed by the deceased’s estate, seeking damages for the harm suffered by the deceased directly due to someone else’s negligence or gross negligence leading to their demise.
The distinction hinges on the victim and the nature of the harm. For instance, if a father dies suddenly and can no longer support his children, the children may sue for mental anguish and the loss of financial support and guidance.
In a case where a single individual endures a prolonged, agonizing death, the estate can sue for pain, suffering, physical impairment, mental anguish, and medical bills incurred leading up to the death.
While it’s often advisable to pursue both causes of action, financial constraints may necessitate prioritizing wrongful death claims to prevent large hospital liens and other liens from attaching to the ultimate recovery of the survival action. By focusing solely on wrongful death damages, lien holders are often deterred from intervening in the pursuit of compensation for your family.
Who Can File A Wrongful Death Claim In Texas?
In Texas, the eligibility to file a wrongful death claim is legally defined, distinguishing between those with the right to initiate legal action and the beneficiaries. According to Texas law, the following individuals have the standing to file a claim:
- Surviving spouse
- Child or multiple children (including adult children)
- Parent or legal guardian
Are Siblings Permitted To File A Wrongful Death Claim?
No, under Texas law, siblings do not possess this right. However, funds recovered from a survivor action benefit the estate. If the deceased had a will designating a sibling as a beneficiary, indirect financial benefits accrue to the sibling through the lawsuit.
Can The Decedent’s Estate Initiate A Wrongful Death Claim?
In Texas, the executor and/or administrator of the decedent’s estate generally has the right to file a wrongful death claim if no such action has been initiated within ninety (90) days following the decedent’s death by the surviving spouse, children, parent, and/or guardian. An exception exists if the estate is prohibited from filing a lawsuit by any of the aforementioned parties.
What Elements Must Be Established For A Wrongful Death Claim?
To file a wrongful death claim in Texas, the decedent’s surviving spouse, parent, or child must bring the suit, and it must be proven that a person or corporation committed a wrongful act resulting in the decedent’s injuries and subsequent death. Furthermore, it must be established that the decedent would have had grounds for legal action if they had survived. The surviving spouse, parent, or child must have also suffered actual damages, as detailed above.
What Damages Can Be Recovered By A Surviving Spouse, Parent, Or Child?
Recoverable damages include “actual damages.” While a surviving spouse or surviving children may potentially recover punitive damages, this is not applicable to parents of a deceased child.
What “Actual Damages” Can Parents Recover In A Wrongful Death Claim?
Parents of a deceased child can recover monetary damages resulting from the child’s death (before and after the age of 18), damages for the termination of the parent-child relationship, commonly referred to as “companionship and society,” and mental anguish, encompassing emotional pain, torment, and suffering—sometimes presented as grief and bereavement—resulting from the demise.
What “Actual Damages” Can Parents Recover If The Deceased Child Was An Adult At The Time Of Wrongful Death?
Parents can recover the same damages as if the child were a minor (refer to the above explanation).
What “Actual Damages” Can A Spouse Recover If Their Partner Died?
Recoverable damages include financial loss due to the spouse’s death, damages for the termination of the marital relationship (affection, comfort, sexual companionship), mental anguish resulting from the death, and the loss of inheritance (including the loss of future earning capacity or additional assets to the estate).
What “Actual Damages” Can A Surviving Child Recover If A Parent Was The Victim Of Wrongful Death?
Recoverable damages encompass future financial loss due to the parent’s passing, damages for the disruption of the parent-child relationship (affection, compassion, etc.), mental anguish, and potential loss of inheritance.
What Factors Will A Jury Consider In Determining Damages For Mental Anguish And Loss Of Companionship?
Jurors are typically instructed to consider the relationship between the deceased and the party, living arrangements, any extended periods of absence, family harmony, and shared interests or activities.
Can Punitive Damages Be Recovered If A Child, Spouse, Or Parent Dies?
Yes, punitive damages can be recovered if the loved one’s death resulted from willful or grossly negligent conduct. However, the Tort Reform Act of 1995 imposes caps on punitive damages, and Texas law limits recovery to the surviving spouse and children. Strangely, parents are not eligible to recover punitive damages for the loss of a child.
Can Damages Be Recovered For The Wrongful Death Of A Spouse If The Couple Was Separated At The Time?
Potentially. This is a case-specific inquiry, taking into account the support received (if any) from the decedent during the separation period before their demise.
If Pregnant, Can Damages Be Recovered For The Wrongful Death Of A Fetus?
Yes, but inexplicably, generally only if the fetus would have been capable of taking at least one breath if removed from the womb just prior to the violent event or if the fetus is born alive and subsequently dies.
What Is A “Survival Action”?
A survival action is initiated by or on behalf of an estate to seek damages for injuries suffered by the decedent who was the victim of wrongful death before their passing.
What Damages Can Be Recovered In A “Survival Action”?
Recoverable damages in a survival action encompass the physical pain and mental anguish endured by the victim before their demise, medical expenses incurred prior to their passing, funeral and burial expenses, property damages, and potential punitive damages.
Does The Type Of Claim Or Action Impact Hospital Liens?
Yes, amounts recovered in a survival action are subject to a hospital lien, whereas wrongful death damages generally are not.
In A Survival Action, Can The Estate Recover Damages For Physical Pain And Mental Anguish If The Victim Died Or Lost Consciousness Quickly?
Likely not. Recovery of such damages is typically limited to instances where conscious pain and suffering can be demonstrated, even if only for a brief period.
How Do You Establish A Wrongful Death Claim In Texas?
Four elements must be proven:
- The defendant’s actions must have contributed, either wholly or partially, to your loved one’s passing.
- The defendant must have acted with negligence or the specific intent to cause harm.
- The death of your loved one must have affected you or other surviving family members eligible to bring a wrongful death action.
- Surviving family members must be present and suffer monetarily and/or emotionally due to the wrongful death.
Was The Defendant Negligent?
Proving negligence is often the most challenging aspect of a wrongful death claim. While cases involving clear negligence, such as drunk driving, are straightforward, matters like medical malpractice can be less clear-cut, requiring significant time and resources for determination.
This might also be referred to as “breach of duty,” signifying the defendant’s responsibility for a duty of “due care”—a duty to keep the other person safe or refrain from actions that may cause harm.
Did The Defendant’s Actions Lead To Your Loved One’s Death?
Establishing causation can vary in difficulty. For instance, in a car crash, it is relatively straightforward to determine whether the defendant’s actions caused the accident. However, in cases involving medical malpractice, proving negligence becomes challenging, especially when the harmful consequences occur months or years after the negligent act, such as prescribing the wrong medicine.
Demonstrating Damages In Wrongful Death Cases
Once intent, breach of duty, and causation are established, damages are presumed due to the loss of the individual. However, in cases where harm occurs but not death, proving intent and causation may not be sufficient; you must also demonstrate the nature and extent of the harm (damages).
Facing the reality that others’ decisions can lead to the loss of a loved one is difficult. If you find yourself in this heartbreaking situation, contact our Fort Worth lawyers for a free consultation and guidance.
Is Wrongful Death Considered “Murder” In Texas?
No, it is distinct. Murder charges can only be pursued in criminal court, and financial compensation cannot be sought for such charges. In Texas, wrongful death is a civil action seeking financial damages, not imprisonment or execution. While a murder victim’s family may file a wrongful death lawsuit, it’s a separate legal avenue. Notably, O.J. Simpson, after winning his criminal trial, lost a wrongful death lawsuit brought by surviving family members.
In criminal cases, the prosecutor must prove “beyond a reasonable doubt,” while in civil wrongful death cases, the standard is a lower burden of proof, known as “preponderance of the evidence.” This distinction played a role in Simpson’s case, where he won the criminal trial but lost the civil wrongful death claim.
Compensation In Texas Wrongful Death Claims
Various avenues exist for financial compensation in Texas. Examples of “actual damages” include:
- Financial losses, such as the loved one’s lost earning capacity.
- The value of care, maintenance, counsel, advice, and support the loved one would have provided to family members.
- Mental anguish, representing the emotional pain suffered.
- Loss of positive benefits like love and companionship from the deceased.
- Inheritance lost from what the loved one would have accumulated and left behind.
Additionally, “exemplary” damages can be awarded in Texas, serving to penalize or punish the defendant for gross negligence, rather than compensating for actual losses.
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If your loved suffered a wrongful death due to the negligence or recklessness of another person or company, our skilled Fort Worth attorneys are ready to assist. Obviously, no amount of money can ever undo the ultimate injustice. Rest assured, however, that we will hold the wrongdoer accountable, get the answers you deserve, and seek the maximum financial compensation available.
