ABOUT WRONGFUL DEATH CASES
What Is A Wrongful Death Claim?
A Wrongful Death Claim arises when a family member passes away due to someone else’s negligence, recklessness, intentional actions, or misconduct. Surviving family members have the right to pursue claims for mental anguish, loss of financial support, loss of household services, loss of support, loss of advice, and loss of maintenance provided by the deceased family member prior to their untimely death.
Whether or not the deceased had a Will, an estate can be established, and legal damages will be pursued through a survival action case. The distinctions between these two types of claims will be explained below.
What Is The Timeframe For Filing A Wrongful Death Claim?
Acting promptly is crucial, as there are two statutes of limitations in Texas:
- The period during which the deceased person could have filed a claim – 2 years.
- The period during which you may claim on behalf of your loved one – 2 years.
- Waiting beyond 2 years and 1 day from the incident date will bar you from seeking any financial compensation under Texas law.
The decisions made by you and your family now will significantly impact your case’s outcome. You have only one opportunity to present your loved one’s story correctly.
- Immediate strategic decisions are necessary.
- Evidence gathering is imperative.
- Experts may be required without delay.
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 someone else’s negligence or gross negligence.
A Survival Action is filed by the deceased’s estate, seeking damages for the harm suffered directly by the deceased from someone else’s negligence or gross negligence leading to their demise.
The distinction hinges on the party harmed – for example, children who lose financial support and advice due to their father’s sudden death or an estate seeking compensation for a victim’s pain, suffering, and medical bills in the days or weeks leading to their death.
In many cases, pursuing both causes of action is advisable. However, when dealing with limited funds and substantial medical bills, focusing on wrongful death claims may prevent lien holders from intervening and attaching to the recovery in the survival action.
Who Can File A Wrongful Death Claim In Texas?
In the state of Texas, the eligibility to file a wrongful death claim is legally defined, distinguishing between those who can initiate legal action and the beneficiaries. According to Texas law, the following individuals are authorized 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 are directed to the estate. If the deceased had a will designating a sibling as a beneficiary, that sibling would indirectly benefit financially from the lawsuit.
Can The Decedent’s Estate File A Wrongful Death Claim?
In Texas, the general rule is that the executor and/or administrator of the decedent’s estate may file a wrongful death claim if it hasn’t been initiated within ninety (90) days following the decedent’s demise by their surviving spouse, children, parent, and/or guardian. An exception exists if the estate has been expressly prohibited from filing a lawsuit by one of the mentioned parties.
What Elements Must Be Established To File A Wrongful Death Claim?
In Texas, a lawsuit must be filed by the decedent’s surviving spouse, parent, or child. Additionally, it must be proven that a person or corporation committed a wrongful act causing injuries to the decedent leading to their demise. It must also be established that the decedent would have had grounds for legal action if they had survived. Furthermore, the surviving spouse, parent, or child must have suffered actual damages as outlined earlier.
What Damages Are Recoverable In Wrongful Death Claims Filed By A Surviving Spouse, Parent, Or Child?
Recoverable damages include “actual damages.” While a surviving spouse or surviving children can potentially recover punitive damages, this is not applicable to parents of a deceased child.
What “Actual Damages” Are Recoverable By Parents Of A Child In A Wrongful Death Claim?
Parents of a child victim in a wrongful death claim may recover damages such as monetary losses resulting from the child’s demise (both before and after the age of 18), damages for the termination of the parent-child relationship, often termed as “companionship and society,” and mental anguish, encompassing emotional pain, torment, and suffering—sometimes articulated as grief and bereavement—resulting from the demise.
What “Actual Damages” Can Parents Recover In The Event Of The Wrongful Death Of An Adult Child?
Parents can recover the same damages as if the child were a minor (refer to the information above).
What “Actual Damages” Can A Spouse Recover In The Case Of The Wrongful Death Of Their Partner?
Recoverable damages encompass monetary loss due to the spouse’s passing, damages for the termination of the marital relationship (including love, affection, comfort, and the sexual relationship), mental anguish resulting from the demise, and the loss of inheritance, which includes the loss of future earning capacity or money that would have been added to the estate.
What “Actual Damages” Can A Surviving Child Recover In The Event Of The Wrongful Death Of A Parent?
Recoverable damages consist of future monetary loss resulting from the parent’s death, damages for the cessation of the parent-child relationship (including love and compassion), mental anguish, and the loss of inheritance, if applicable.
What Factors Will A Jury Consider When Determining Damages For Mental Anguish And Loss Of Companionship?
Jurors typically consider the nature of the relationship between the deceased and the party filing the claim, the living arrangements of the parties, any extended periods of absence, family harmony, and shared interests and activities.
Is It Possible To Recover Punitive Damages 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. The Tort Reform Act of 1995 imposes caps on punitive damages, and Texas law limits the recovery of punitive damages in these cases to the surviving spouse and children. Notably, parents are not eligible to recover punitive damages for the death of a child.
Can Damages Be Recovered For The Wrongful Death Of A Spouse If Separated At The Time?
Possibly. The eligibility to recover damages in this scenario is highly case-specific and depends on the support, if any, received from the decedent during the separation period leading up to their death.
Can Damages Be Recovered For The Wrongful Death Of A Fetus If The Mother Is Pregnant?
Yes, but inexplicably, generally only if the fetus would have been able to take at least one breath if removed from the womb just before the violent event, or if the fetus is born alive and subsequently dies.
What Is A “Survival Action”?
A survival action is initiated either by or on behalf of an estate to seek damages for the injuries sustained by the decedent who was a victim of wrongful death prior to 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 punitive damages.
Does The Nature Of The Claim Or Action Have Any Impact On Hospital Liens?
Yes, amounts recovered in a survival action are subject to a hospital lien, whereas wrongful death damages are generally not subject to such liens.
In A Survival Action, Can The Estate Recover Damages For Physical Pain And Mental Anguish If The Victim Was Killed Or Lost Consciousness Quickly?
Likely not. Recovery of these 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?
Proving a wrongful death claim in Texas involves establishing four key elements:
- The defendant’s actions must have caused the loved one’s passing, either wholly or in part.
- The defendant must have acted with negligence or the specific intent to cause harm.
- The loved one’s death must have affected you or other surviving family members who have the right to bring a wrongful death action.
- Surviving family members must be present and suffer financially and/or emotionally due to the wrongful death.
Was The Defendant Negligent?
The most challenging aspect of any wrongful death claim is proving negligence. While negligence is easily proven in cases like drunk driving, it may be less clear and often requires significant time and resources in cases involving medical malpractice, for instance. This may also be referred to as a “breach of duty,” signifying the defendant’s obligation to exercise “due care” for the safety of the decedent – essentially, a duty to prevent harm or not engage in actions that may cause harm.
Did The Defendant’s Actions Result In The Death Of Your Loved One?
Establishing causation can range from straightforward, as in a car crash where it’s relatively easy to determine whether the defendant’s actions caused the accident, to remarkably challenging. In cases involving medical malpractice, proving negligence becomes intricate, especially when the consequences may not manifest until months or years after a negligent act, such as prescribing the wrong medicine.
Demonstrating Damages In Wrongful Death Cases
If intent or a breach of duty, and causation are established, damages are presumed as the death of the injured person is demonstrated. However, in cases where harm occurs without resulting in death, even proving these elements may not guarantee success if the nature and extent of the harm (damages) are not adequately demonstrated.
It is unfortunate that the decisions of others can lead to the loss of a loved one, but it is a reality we must face. If you find yourself in this heart-wrenching situation, reach out to our Plano lawyers for a free consultation and guidance.
Is Wrongful Death Equivalent To “Murder” In Texas?
No, they are distinct. Criminal convictions, including “murder,” are determined in criminal court, with no provision for seeking financial compensation. In Texas, “Wrongful Death” is a civil action seeking financial damages, not imprisonment or execution. While murder may be the basis for a wrongful death lawsuit, winning a criminal trial does not necessarily preclude a wrongful death claim, as seen in the case of O.J. Simpson.
For example, hypothetically, if prosecutors decide not to pursue a drunk driver responsible for a fatal accident due to insufficient evidence for manslaughter, you can still file a claim for wrongful death in Texas and potentially recover financial compensation.
Burden Of Proof In Criminal And Civil Cases
In criminal cases, the prosecutor must prove guilt “beyond a reasonable doubt,” whereas in civil wrongful death cases, the burden is to prove “preponderance of the evidence” (more likely than not). This difference was evident in O.J. Simpson’s legal saga, where he won his criminal trial due to the jury having doubts, but lost the wrongful death claim based on a civil court jury finding it more likely than not that he was responsible.
Compensation In Texas Wrongful Death Claims
Various avenues exist for recovering financial compensation in Texas, including “actual damages” types such as:
- Financial losses like the lost earning capacity of your loved one,
- The value of care, maintenance, counsel, advice, and support they would have provided to you and your family,
- Mental anguish, representing the emotional pain you endure,
- Loss of positive benefits like love and companionship from your loved one,
- The inheritance lost from what your loved one would have accumulated and left behind.
Exemplary Damages In Texas
In addition to compensatory damages, Texas allows for “exemplary” damages, meant to penalize or punish the defendant for gross negligence rather than compensating for actual losses.
If your loved suffered a wrongful death due to the negligence or recklessness of another person or company, our skilled Plano 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.
