What is the legal definition of a wrongful death?

A wrongful death occurs when a person is killed due to the negligence or the misconduct of another person, company or entity.

Who has the right to sue in these cases?

The immediate family of the victim – surviving spouses, children, and sometimes parents – can bring a wrongful death lawsuit through a personal representative of the victim’s estate. The Texas Wrongful Death Act is in the Texas Civil Practice and Remedies Code, Article 71.002  (2007).

Why is it important to find a good lawyer right away?

There are deadlines associated with filing wrongful death lawsuits. Contacting a  personal injury attorney is the best way to preserve your legal rights if a loved one is killed or injured in an accident caused by the negligence or misconduct of another person, company or entity.   

What are the necessary elements in a wrongful death law suit?  

• A person is killed or injured by negligence or the intent to do harm.   
• The victim’s death or incapacity results in loss of income to his or her survivors.
• A personal representative for the victim’s estate has been appointed.

What circumstances can lead to a wrongful death?

The following list includes some common causes of wrongful death. (It is not a comprehensive list.  Wrongful death also can occur under other circumstances.)

• Medical malpractice resulting in death;
• Motor vehicle or airplane accident;
• Exposure to hazardous conditions or substances on the job;
• Criminal behavior; and
• Death during supervised activity.

How is money awarded to the victim’s survivors? 

Monetary awards to a victim’s survivors are called damages. There are two kinds of basic damages in a wrongful death law suit: compensatory and punitive.

• Compensatory Damages – This money is awarded to make up for financial losses suffered by the victim’s survivor(s): loss of support, loss of services, medical and funeral expenses, lost prospect of inheritance, and loss of future earnings/business/employment opportunities. Interest on these damages begins on the date of the victim’s death.
• Punitive Damages – This money is awarded to the victim’s survivor(s) to punish the wrongdoer(s) or stop similar conduct by other potential wrongdoers. Most states do not allow for the recovery of punitive damages in a wrongful death action. Some states, however, do permit the award of such damages. Texas is one of those states. Punitive damages are known as “exemplary” damages in Texas and can be awarded under the state’s Civil Practice and Remedies Code, Article 41.001. In those states that do not explicitly allow or disallow punitive damages in a wrongful death law suit, the court may permit such damages.

Who determines how much money survivors get?

While the jury determines the amount of damages to be awarded after hearing all the evidence, the trial court may adjust the damage award up or down for a variety of reasons. A personal injury attorney prosecuting a wrongful death action is aware of that potential and is prepared to fight to protect the amount of damages awarded to a victim’s family.