A wrongful death is a death caused by the wrongful act, neglect, carelessness, or default of another person or party. Understanding what constitutes a wrongful death from a legal standpoint allows you to explore your options for holding the responsible party accountable.
A wrongful death attorney who handles these complex cases can provide clarity on your family’s rights and help you work toward a more stable future.
Key Takeaways for What Is Wrongful Death?
- Texas law specifically names the surviving spouse, children, and parents of the deceased as the parties eligible to file a claim.
- Families may seek compensation for a range of losses, including lost income, loss of companionship, mental anguish, and funeral expenses.
- A wrongful death claim is a civil action, separate from any criminal charges that may be filed against the responsible party.
- A two-year statute of limitations generally applies, meaning a lawsuit must typically be filed within two years from the date of death.
The Legal Definition of Wrongful Death in Texas
The Texas Wrongful Death Act outlines when surviving family members can bring forward a civil action. For a case to meet the legal requirements, the death must have been caused by an action that would have allowed the deceased person to file a personal injury lawsuit had they survived.
This civil claim centers on the losses suffered by the family members left behind. It’s a separate and distinct legal matter from any criminal case, like manslaughter or homicide, that the state of Texas may pursue.
A wrongful death lawsuit’s goal is to provide financial relief to the family and create accountability for the party whose actions caused the death.
Establishing Negligence or a Wrongful Act
The foundation of a wrongful death claim is proving that a “wrongful act, neglect, carelessness, unskillfulness, or default” occurred. This means your lawyer must show that the responsible party failed to act with reasonable care, and this failure directly resulted in your loved one’s death.
The action could be anything from a driver running a red light and a subsequent car accident, to a property owner in a San Antonio apartment complex failing to maintain safe premises.
Your attorney’s role is to demonstrate that the defendant owed your loved one a duty of care, breached that duty, and that this breach was the direct and foreseeable cause of the fatal incident.
Proving this link is the cornerstone of your case. An investigation gathers the evidence needed to build a strong claim.
The Direct Link Between the Act and the Death
After establishing a wrongful act, your attorney must demonstrate causation. The evidence needs to clearly show that the defendant’s breach of duty was the direct cause of the fatal injury. In other words, the death would not have occurred without the defendant’s actions or inaction.
Who Holds the Right to File a Wrongful Death Claim?
Texas law is very specific about who can initiate a wrongful death lawsuit. Unlike in some states, the right to file isn’t available to all relatives.
The eligible family members are:
- Surviving Spouse: The legal husband or wife of the deceased has the primary right to file a claim.
- Surviving Children: This includes biological and legally adopted children, regardless of age.
- Surviving Parents: The mother and father of the deceased, including adoptive parents, have the right to file a lawsuit.
If these designated family members don’t file a claim within three months of the death, the personal representative or executor of the deceased person’s estate may then file the claim.
The Role of the Estate’s Personal Representative
The personal representative of the deceased’s estate, often called an executor or administrator, serves a specific function in these cases. If the deceased person had a will, it likely names this representative. If not, a court appoints one.
This individual can only file a wrongful death claim under a specific condition: if the eligible spouse, children, or parents have not initiated a lawsuit within three calendar months from the date of death. The representative then files the claim on behalf of the beneficiaries of the estate. However, this is only possible if the family has not explicitly decided against pursuing legal action.
Recoverable Damages in a Texas Wrongful Death Case
In Texas, a wrongful death lawsuit gives surviving family members the right to pursue compensation for their losses. While there is generally no cap on these damages, which are divided into economic and non-economic categories, families often wonder how much is a personal injury settlement when evaluating the potential value of their claim.
Economic Damages
Economic damages refer to the measurable financial losses the family suffers due to their loved one’s death. These are the concrete costs that you can total with bills, receipts, and financial records.
Common examples include:
- Loss of Earning Capacity: This calculation projects the income your loved one would have earned over their lifetime and contributed to the family.
- Loss of Inheritance: You may seek recovery for the value of assets the deceased would have likely accumulated and left to the family as an inheritance.
- Household Services: This compensates the family for the value of the deceased’s services, such as childcare, home maintenance, and financial management.
- Funeral and Burial Expenses: You may seek compensation for the reasonable costs of your loved one’s funeral services and burial or cremation.
Non-Economic Damages
Non-economic damages address the intangible, personal losses that don’t have a specific price tag. These damages acknowledge the deep emotional and relational impact the death has had on the family. Quantifying this suffering is a complex but necessary part of seeking full justice.
Examples of non-economic damages are:
- Mental Anguish: This addresses the grief, sorrow, and emotional pain and suffering experienced by the surviving family members.
- Loss of Companionship: Family members can receive compensation for the loss of their loved one’s love, comfort, and society.
- Loss of Consortium: This specifically applies to a surviving spouse and refers to the loss of intimacy and emotional support within the marital relationship.
Wrongful Death Claims Vs. Survival Actions
When families research what is wrongful death, they often encounter another legal term: a survival action. Both types of lawsuits can arise from the same fatal event, but they address different losses and benefit different parties.
A wrongful death lawsuit compensates the designated family members for the losses they have personally suffered because of their loved one’s death.
In contrast, a survival action is filed on behalf of the deceased person’s estate to recover for the damages the deceased themselves endured before passing away.
The main differences are clear when you look at who benefits and what is recovered. Here are the key distinctions:
- Who Files the Claim: Eligible family members (spouse, children, parents) file a wrongful death claim, while the estate’s personal representative files a survival action.
- Damages Recovered: A wrongful death claim recovers damages for the family’s loss of income and companionship. A survival action recovers damages for the deceased’s pre-death pain and suffering, medical expenses, and lost wages incurred between the injury and death.
- Who Receives Compensation: Wrongful death compensation goes directly to the qualifying family members. Compensation from a survival action goes to the estate and is distributed to heirs according to a will or state law.
- Purpose of the Claim: The purpose of a wrongful death claim is to support the family. The purpose of a survival action is to address the harm the deceased person personally suffered.
How a Lawyer Helps With a Wrongful Death Claim
Handling the complexities of a wrongful death claim on your own is challenging, especially while grieving. A wrongful death lawyer provides guidance and advocacy. They manage every aspect of the legal process, including explaining how settlements are paid, allowing you to focus on healing.
From the initial investigation to a final resolution, your attorney works to protect your interests. Law firms have the resources to build a robust case and counter insurance companies’ tactics to minimize their payouts.
A dedicated attorney helps in many specific ways:
- Thorough Investigation: Your wrongful death attorney conducts an independent investigation into the circumstances of your loved one’s death, gathering crucial evidence like accident reports, medical records, and witness statements.
- Identifying Liable Parties: They work to identify all individuals or entities whose negligence contributed to the death, which could include drivers, property owners, manufacturers, or healthcare providers.
- Accurate Damage Calculation: Your lawyer may consult with financial professionals to accurately calculate the full extent of your family’s economic and non-economic losses.
- Negotiating With Insurers: Your attorney will handle all communications with insurance companies, protecting you from attempts to settle for less than your claim is worth.
- Courtroom Representation: If a fair settlement cannot be reached, your lawyer can take your case to trial and present a compelling argument to a judge and jury.
FAQ for What Is Wrongful Death
Wrongful death claims can arise from a wide variety of incidents where negligence or a wrongful act causes a fatality. Common examples include car and truck accidents, motorcycle accidents, violence, medical errors, workplace accidents, defective products, and incidents occurring on unsafe properties.
Any situation where one party’s failure to act with reasonable care results in death may be grounds for a claim.
A wrongful death lawsuit is a civil claim that is completely separate from any criminal charges. This means you can file a civil lawsuit for damages regardless of whether the state prosecutes the responsible party for a crime like manslaughter. The standard of proof is also different; civil cases require a preponderance of the evidence, which is less strict than the standard used in criminal courts. Civil wrongful death claims are also separate from charges like manslaughter or even drunk driving accidents.
Yes, a wrongful death claim can still be filed even if your loved one was partially responsible for the incident. Texas follows a proportionate responsibility rule, also known as modified comparative fault. As long as your loved one was 50% or less at fault, your family can still recover damages.
The court will determine the percentage of fault for each party involved. Your family’s compensation will then be reduced by your loved one’s percentage of fault.
Yes, a wrongful death claim can still be filed even if your loved one was partially responsible for the incident. Texas follows a proportionate responsibility rule, also known as modified comparative fault. As long as your loved one was 50% or less at fault, your family can still recover damages.
The court will determine the percentage of fault for each party involved. Your family’s compensation will then be reduced by your loved one’s percentage of fault.
If a settlement or award is obtained, the funds are typically distributed among the eligible surviving family members (the spouse, children, and parents). The division is often based on each person’s individual degree of loss.
In many cases, the family members agree on an apportionment, but if they cannot agree, a court will decide how to divide the funds in a fair and just manner.
We’ll Fight for Your Family’s Future
The loss of a loved one leaves a void that can never be filled, but holding the responsible party accountable can provide a sense of justice and security for your family. You don’t have to face this journey alone.
Let Ryan Orsatti Law handle the legal complexities so you can focus on what matters most: your family. We’ll stand by your side and fight for the resolution you seek. Call Ryan Orsatti Law today at 210-525-1200 to discuss your case in a confidential consultation.