Legal Basis for Wrongful Death Claims.
Texas law delineates the cause of action in wrongful death cases, offering a legal framework for pursuing compensation for damages resulting from a loved one’s death due to another party’s wrongful actions or negligence.
Damages in a Wrongful Death Lawsuit
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Texas recognizes the severity of the disruption a wrongful death causes, as reflected by the types of claimable damages available. Texas law separates damages in wrongful death claims into three main categories: economic, non-economic, and punitive.
Economic Damages
Economic damages are those that are tangible and have a precise dollar value. Includes funeral expenses, loss of future earnings, medical treatment costs, loss of retirement benefits, and loss of inheritance.Each damage type is identifiable and calculable.
Non-Economic Damages
Non-economic damages are subjective and do not have a readily identifiable dollar value. As a result, non-economic damages are often a contentious area of negotiation in civil claims.
Non-economic damages include:
Physical pain and suffering of the deceased before death
Emotional and mental anguish of loved ones
Loss of companionship, care, and guidance
Loss of consortium.
An experienced wrongful death attorney will know how to measure and frame non-economic losses, which can form an integral part of your claim.
Punitive Damages
In a minority of cases, Texas law also provides for “exemplary damages.” Exemplary damages are also referred to as punitive damages and are awarded to plaintiffs to penalize at-fault parties for egregious flaunting of safety rules, regulations, and norms. They are also intended to dissuade future parties from acting similarly.
Cause of Action
Sec. 71.002. CAUSE OF ACTION.
(a) An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section.
(b) A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.
(c) A person is liable for damages from an injury causing death if:
- the person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of Proprietor, owner, charterer, or hirer of transportation or utility facilities.
- Injury caused by wrongful act, neglect, carelessness, unskillfulness, or default of the person or their agent or servant.
(d) A person is liable for damages from an injury causing death if:
(1) the person is a receiver, trustee, or other person in control of transportation, utility facilities or injuries; and
(2) the injury was caused by:
(A) the person’s wrongful act, neglect, carelessness, unskillfulness, or default;(B) the person’s servant’s or agent’s wrongful act, neglect, carelessness, unfitness, unskillfulness, or default; or
(C) a bad or unsafe condition of the railroad, street railway, or other machinery under the person’s control or operation.
(e) A person is liable for damages from an injury causing death if:
(1) the person is a receiver, trustee, or person in control of transportation, utility facilities, or machinery; and
(2) the action could have been brought against the machinery owner if acting as operator.
Sec. 71.021. SURVIVAL OF CAUSE OF ACTION.
(a) A cause of action for personal injury does not abate due to the injured person’s or liable person’s death.
(b) A personal injury action survives for heirs, legal representatives, and estate of the injured person against the liable person and their legal representatives
(c) The suit may proceed as if the liable person were alive.
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FAQs
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Texas statutes allow 2 years to file personal injury claims. However, extensive prep is often needed – don’t delay. Promptly contact us to preserve your rights, thoroughly investigate, gather evidence, and reach maximum medical recovery.
Yes, each personal injury case has unique circumstances. That’s why it’s crucial to consult with an attorney, as you may still recover damages even if partially responsible.
You likely have a claim if negligence during medical treatment caused serious or permanent harm/injuries. It’s imperative to consult a qualified medical malpractice attorney promptly. Gather medical records and proof to show the provider’s actions fell below the standard of care, resulting in significant injuries.
Medical malpractice cases pose considerable challenges for attorneys when it comes to building a strong case and proving liability. However, our team of skilled lawyers has extensive expertise in handling such cases.