TEXAS WRONGFUL DEATH

The surviving family members of a person whose death was caused by another person or company, whether by accident or intentionally, may have a claim for wrongful death. The surviving family members of the deceased need to speak to an attorney about how to pursue a wrongful death claim, which attempts to measure the financial loss that the family suffers because of the loss of their loved one.

EXPERIENCED WRONGFUL DEATH LAWYER

Wrongful death claims in Texas can be high value cases and may be extremely complicated. Retaining a skilled Texas wrongful death attorney is the best way for the survivors to succeed in their claim and receive the greatest amount of compensation under the law.

A Texas wrongful death lawyer should be prepared and have the experience to deal with the complex issues involved to increase the chances of success.

Sometimes many people are entitled to a recovery for a wrongful death claim. An experienced lawyer will conduct a thorough analysis and investigation to determine if a probate estate should be set up.

It is crucial in determining how much compensation should be awarded to establish what the victim’s life and the lives of those around her or him would have been like if the accident had never happened. Experienced wrongful death lawyers will take into account the deceased person’s health, life expectancy, occupation, and other factors like hobbies and activities, all of which may require experts.

If the loss of a family member leaves a family without financial support, experts will need to analyze key information like employment, work history, salary, and future lost income to calculate the amount of money the family is owed.

Part of building a successful case is making an argument for non-economic damages like loss of companionship and consortium. Getting the full value of this type of compensation is dependent on a lawyer’s preparation and advocacy skills. The best lawyers have handled similar cases before and will know how to artfully present the claim to a jury.

WHAT IS WRONGFUL DEATH?

Sometimes a bad decisions or poorly manufactured products can cost someone their life.

Because the stakes of a wrongful death claim are so high, it is important that a law firm that has experience in these types of cases represent the family.

In the United States, accidents are responsible for many deaths each year. According to the National Safety Council, there are 12 accidental deaths every hour. There were 126,438 accidental deaths in the U.S. in 2014. The most frequent accidents that result in someone dying are car crashes, slip and falls, accidental ingestion of poison, choking on food, and house fires that cause smoke inhalation.

WRONGFUL DEATH CLAIMS

Wrongful death claims are civil cases, rather than the criminal cases. However, a defendant can be brought before a civil court and criminal court for causing the death of the decedent. The surviving family members of the deceased must prove to a jury how the defendant is responsible for the death of their loved one in order to succeed with their wrongful death claim. Skilled lawyers will demonstrate whether the defendant acted carelessly, recklessly, or intentionally, how that behavior resulted in the victim’s death, and what losses the family has suffered as a result of the death.

WHO CAN FILE A WRONGFUL DEATH CLAIM?

Only certain loved ones have the right to file a wrongful death claim when someone passes away. Proper wrongful death claimants are similar to those who would be allowed to inherit the property of the deceased person, if the person died without writing a will. The right to recover for a wrongful death claim generally lies with the closest relatives of the person who passed away.

The deceased’s wife or husband is the first person entitled to bring a wrongful death claim. Next, the deceased’s offspring, any dependent stepchildren, any minors who have been under the deceased’s roof for half a year or more, and then the deceased’s dependent parents.

If no one fits into one of these categories, then the right to file a claim moves farther away from the decedent’s immediate family, to the surviving parents of the deceased, regardless of if they were dependents of the deceased or not, brothers and sisters of the deceased and their children, grandparents, and then the children of a spouse who passed away.

If no one meets these requirements, the deceased’s next of kin may file the wrongful death claim.

The personal representative of the estate of the decedent can bring the wrongful death action for any of the parties listed above. The Texas wrongful death statute dictates how the proceeds from the lawsuit will be distributed to the surviving family members.

ABOUT DAMAGES FOR WRONGFUL DEATH CASES

Although a wrongful death case compensates the surviving family members of the deceased for their losses caused by the death, the claim does not compensate them for the losses suffered by the person who died. Thus, survivors are not allowed to recover damages for the deceased’s medical costs, property damage, or lost income. However, these damages are recoverable if the deceased victim’s estate brings a separate “survival action.”

Punitive damages may be awarded in a survival action if the deceased survived the accident for a period of time, even if only for a short period, or because the deceased’s property was damaged in the accident while the person was still alive. Frequently, a wrongful death claim will be combined with and brought at the same time as the survival action.

Texas law understands that people who lose a loved one suffer economically and non-economically. When a jury examines the evidence at trial, they may award damages for the economic hurt that a family endures because of the loss of their loved one.

The following are some of the economic damages that can be awarded:

• Financial help;
• Loss of benefits or gifts from the deceased;
• Costs of funeral and burial;
• Value of services decedent would have provided;

Below are some of the non-economic damages that can be awarded.

• Loss of care, training, advice, assistance, protection, and love
• For a spouse, the loss of sexual relations

In calculating the value of non-economic damages, a jury may not take into account the emotional pain or economic status of the heirs or whether the deceased was in pain or suffered before passing away, except that those bringing the claim may receive damages for their emotional distress if they witnessed the accident or the death of their loved one.

It is important for survivors who may have a wrongful death claim to discuss their case with a skilled and experienced attorney as soon as possible.