What Is It? Who Can File a Claim? What Damages Can Be Recovered?
There’s a famous quote from the English author, John Donne, that says “Any man’s death diminishes me, because I am involved in mankind.” There’s much truth in that…we are all affected on a regular basis by the death of those lose their lives in accidents, killed because of the carelessness or negligence of others. From a legal perspective, though, even if we were close personal friends with the deceased, we may not have a right to file a claim for compensation for that loss.
What Is Wrongful Death?
In Texas, a death will be considered “wrongful” if three specific elements are present:
- A person died
- That person’s death was caused by the “wrongful act, neglect, carelessness, unskillfulness or default” of another person or entity (the defendant)
- The person who died would have been able to bring a personal injury lawsuit if he or she had lived
In essence, a wrongful death lawsuit is a personal injury claim that the plaintiff (injured person) cannot bring on his or her own behalf because the injury was fatal. While a wrongful death claim can be based on intentional acts, as a practical matter, most wrongful death claims are based on allegations of negligence, where the defendant failed to act reasonably under the circumstances.
Who Can Bring a Lawsuit for Wrongful Death in Texas?
Pursuant to statute in Texas, certain immediate family members—a surviving spouse, child or parent—may file a lawsuit to recover compensation for wrongful death. In most instances, one of those relatives will file a claim on behalf of all of them. If none of those family members brings a wrongful death action within three months of the date of death, the executor or personal representative of the deceased’s estate can file such a claim. Regardless of who files the wrongful death claim, it must comply with the requirements of the Texas “statute of limitations,” which requires filing of the complaint within two years of the date of death. All eligible family members must agree not to file in order to prohibit the executor from taking such action.
What Types of Losses Can Be Recovered in a Texas Wrongful Death Lawsuit?
Under Texas law, an eligible family member or the executor may seek a wide range of damages, or monetary compensation, including an award for:
- The lost financial support the deceased would have provided, either to the spouse for the remainder of his/her working life or to children until their emancipation
- The loss of advice and counsel, care and maintenance, services or support the decedent would have provided
- Any diminution in or loss of an inheritance because of the early death, including amounts the deceased would likely have saved and set aside for family members
- The loss of love, companionship, comfort and society the deceased would have provided
- Any mental suffering, pain or anguish of the surviving family members
In limited circumstances, where the death was caused by “willful acts, omissions or gross negligence,” the court may award punitive damages.
Contact the Proven Personal Injury Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we understand the devastating impact a wrongful death can have in your life. We’ll aggressively protect your rights throughout the legal process, acting as your intermediary with insurance companies and as your voice in all meetings, hearings and legal proceedings. Contact us by e-mail or 844-402-2992 at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
