Losing someone you love is devastating, especially if their death was preventable. In Texas, certain deaths caused by negligence or recklessness are known as “wrongful” deaths. By exploring common wrongful death examples, you can understand how these cases come about and the options available to you.
What Counts as Wrongful Death in Texas?
A wrongful death case arises when someone dies due to another person or entity’s negligent, reckless, or intentional actions. The at-fault party could be a careless driver, a corner-cutting employer, or a manufacturer of a defective product.
Texas’s wrongful death statute allows certain family members to seek compensation if the deceased individual would have had grounds to file a personal injury lawsuit had they survived.
Wrongful Death Examples
While every case is unique, some wrongful death examples are quite typical. Here are some of the most common types of cases seen in Texas:
Fatal Car and Truck Accidents
Auto collisions are a leading cause of wrongful death claims. Truck accidents are particularly deadly due to the size and weight of commercial vehicles.
Factors that can contribute to car and truck accidents include speeding, driver fatigue, distracted driving, driving under the influence, poor maintenance, and improperly secured cargo.
Medical Malpractice
Healthcare professionals are expected to uphold strict standards of care. Medical malpractice wrongful death claims often involve:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Improper medication prescription or dosage
- Failure to monitor or treat a condition
When a healthcare provider fails to fulfill their duty of care, the consequences can be fatal.
Workplace Accident
Work-related deaths are common in industries like construction, oil and gas, and manufacturing. Employers have a duty to provide a safe work environment, which includes providing proper training, protective equipment, and supervision.
Defective Products
Manufacturers must ensure that their products are safe for public use. When a defective product causes an injury that ends up being fatal, the surviving family members can pursue a wrongful death claim under Texas’s product liability laws.
Dangerous Premises
Property owners must keep their properties reasonably safe for visitors. When they fail to do so, lethal injuries can be the outcome. Examples of fatal premises liability events include slip and fall accidents, drownings, and structural collapses.
Who Can File a Wrongful Death Claim in Texas?
Texas only permits certain family members to file a wrongful death claim. They include:
- The deceased’s spouse
- The deceased’s children (biological or legally adopted)
- The deceased’s parents
These parties can file individually or together. If no one brings a claim within three months of the death, the state’s executor or administrator may file unless specifically requested not to. Texas law doesn’t allow siblings, grandparents, or unmarried partners to file wrongful death lawsuits.
Compensation Available in a Wrongful Death Claim
Wrongful death claims are meant to help the surviving family members deal with the financial and emotional impacts of their loss. In light of this, the compensation available in these cases could include:
- Funeral costs
- Loss of the deceased’s income
- Loss of companionship, support, or guidance
- Emotional pain and suffering
In some cases, additional compensation may be attainable through a survival action, which focuses on the pain and suffering of the deceased before their passing.
Determining Fault in Wrongful Death Cases
To prove liability in a wrongful death claim, you’ll need to establish the following elements of negligence:
- Duty of Care: The at-fault party had a duty to act safely or responsibly
- Breach of Duty: That party failed to uphold their duty
- Causation: Their actions directly caused the victim’s death
- Harm or Loss: The surviving family suffered compensable losses
This process involves collecting evidence like accident reports, medical records, witness statements, and expert opinions to link the act of negligence to the death.
How Long Do You Have to File a Claim?
Texas imposes a two-year statute of limitations for most wrongful death claims. This means you have two years from the date of a loved one’s passing to file a claim. There may be certain exceptions, however, such as when the person bringing the claim is a minor or the at-fault party’s identity isn’t immediately known.
Why Skilled Legal Guidance Matters
Wrongful death lawsuits are complex and often emotionally fraught. Those who are at fault might deny responsibility, or their insurance company might try to minimize their payout.
When you hire an experienced wrongful death attorney, you’ll gain access to a legal professional who understands the nuances of the state’s wrongful death statute and will advocate for your rights from day one of your case.
FAQ
What’s the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates the surviving family members for their loss. By contrast, a survival action is brought on behalf of the victim’s estate and seeks damages they could have claimed had they survived.
What if the Deceased Was Partially at Fault?
Texas follows a modified comparative fault rule. As long as the deceased was less than 51% responsible for the accident that led to their death, the surviving family members can still pursue compensation. However, the final award will be reduced based on the victim’s assigned percentage of fault.
How Long Do Wrongful Death Claims Take?
The timeline can vary considerably. Some claims may resolve in a few months, while others can take years. Factors like the complexity of the circumstances and the strength of the available evidence can influence the duration and outcome of the case.
Seek Justice With Guidance From Ramsay Law Group
If you’ve lost a loved one due to someone else’s careless actions, you may struggle to get justice on your own. The dedicated attorneys at Ramsey Law Group understand the pain of this kind of loss and are committed to helping your family obtain fair compensation. Contact us today to schedule a free consultation.