What Constitutes Wrongful Death?
In Texas, wrongful death claims are a crucial component of personal injury law that provide a legal avenue for surviving family members to seek justice when a loved one’s death results from another party's negligent or intentional actions.
Wrongful death lawsuits not only aim to hold responsible parties accountable but also offer financial compensation to alleviate the economic and emotional burdens faced by the deceased’s family.
In this comprehensive guide, our attorney at the Law Office of Steve Brannan in Odessa, Texas, aims to explore the key elements of wrongful death claims, including the definitions, legal requirements, eligible parties, common causes, negligence, and the potential damages recoverable under law in Texas.
Defining Wrongful Death in Texas
According to the Texas Civil Practice and Remedies Code § 71.002, a wrongful death occurs when an individual's death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. This legal regulation allows specific family members or representatives to file a lawsuit seeking compensation for their losses stemming from the death.
The fundamental concept of wrongful death hinges on the idea that had the victim survived, they would have had grounds to file a personal injury lawsuit. Since the deceased can’t pursue legal action, the law permits their surviving loved ones to step in and seek redress.
Key Elements of a Wrongful Death Claim
To establish a wrongful death claim in Texas, the plaintiff must prove several critical elements. These typically include the following:
Duty of care: The plaintiff must demonstrate that the defendant owed a legal duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely and obey traffic laws.
Breach of duty: The plaintiff must show that the defendant breached this duty through negligent, reckless, or intentional behavior. This breach can take many forms, such as distracted driving, medical malpractice, or failing to maintain safe premises.
Causation: The breach of duty must be the direct cause of the victim’s death. This means establishing both actual cause (“but for” the defendant’s actions, the death wouldn’t have occurred) and proximate cause (the death was a foreseeable result of the defendant’s conduct).
Damages: The plaintiff must demonstrate that the death resulted in quantifiable damages, including economic losses (like lost income and funeral expenses) and non-economic losses (such as mental anguish and loss of companionship).
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law strictly limits who can file a wrongful death claim. The individuals who are eligible to file a claim include the following:
Spouses: A surviving husband or wife can file a claim, regardless of the duration of the marriage. Common-law spouses also have legal standing if the marriage can be established under Texas law.
Children: Biological and legally adopted children of the deceased can pursue a claim. Adult children are also eligible, not just minors.
Parents: Both biological and adoptive parents may file a claim if they’ve lost a child.
If these individuals don’t file a lawsuit within three months of the death, the personal representative (executor or administrator) of the deceased’s estate may file the claim unless the eligible family members specifically request otherwise.
Common Causes of Wrongful Death in Texas
Wrongful death can arise from a variety of situations where negligence or intentional harm is involved. Some of the most common causes include the following:
Motor vehicle accidents: Car, truck, motorcycle, and pedestrian accidents are the leading causes of wrongful death in Texas. Negligence may involve speeding, distracted driving, driving under the influence, or violating traffic laws.
Workplace accidents: In industries like construction, oil and gas, and manufacturing, fatal workplace accidents often occur due to unsafe conditions, equipment failures, or inadequate safety protocols.
Medical malpractice: When healthcare professionals fail to meet the standard of care, resulting in fatal errors such as misdiagnosis, surgical mistakes, or medication errors, surviving family members may pursue a wrongful death claim.
Defective products: If a person dies due to a dangerous or defective product—ranging from automobile parts to pharmaceuticals—the manufacturer, distributor, or retailer may be held liable under product liability laws.
Premises liability: Property owners have a duty to maintain safe conditions. Fatal accidents, such as slip-and-fall incidents, swimming pool drownings, or fires caused by code violations, may give rise to wrongful death claims.
Criminal actions: While criminal charges may be pursued separately, civil wrongful death claims can also be filed when someone dies due to violent crimes such as assault, homicide, or drunk driving incidents.
Negligence in Wrongful Death Cases
Negligence is often the cornerstone of wrongful death claims. To succeed, plaintiffs must establish that the defendant acted negligently, meaning they failed to exercise reasonable care under the circumstances. Texas applies the “reasonable person” standard, which considers how a typical, prudent person would have acted in the same situation.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. This means that if the deceased was partially at fault for the incident leading to their death, the compensation awarded to their family may be reduced proportionally to their percentage of fault.
However, if the deceased was found to be more than 50% at fault, the family will be unable to recover any damages. This rule underscores the importance of thoroughly investigating wrongful death cases to minimize claims of comparative negligence.
Potential Compensation in Texas Wrongful Death Claims
Texas law allows for the recovery of various damages in wrongful death lawsuits, which are categorized as economic, non-economic, and exemplary (punitive) damages:
Economic Damages
Loss of financial support: Compensation for the income and benefits the deceased would have provided.
Medical expenses: Costs related to the deceased’s final medical care before death.
Funeral and burial expenses: Reasonable costs associated with laying the deceased to rest.
Loss of inheritance: The value of assets the deceased would likely have accumulated and passed on.
Non-Economic Damages
Mental anguish: Emotional pain, suffering, and distress experienced by surviving family members.
Loss of companionship and society: Compensation for the loss of the deceased’s love, comfort, and companionship.
Loss of consortium: For spouses, this includes the loss of marital benefits, including affection, emotional support, and intimacy.
Loss of parental guidance: For children, compensation for the loss of advice, care, and nurturing from a deceased parent.
Exemplary (Punitive) Damages
In cases involving gross negligence or willful misconduct, Texas courts may award exemplary damages. These aren’t meant to compensate the family but to punish the wrongdoer and deter similar behavior.
Statute of Limitations for Wrongful Death Claims in Texas
The statute of limitations for filing a wrongful death lawsuit in Texas is generally two years from the date of the person’s death. However, there are exceptions that may extend or toll this deadline:
Discovery rule: In rare cases, if the cause of death isn’t immediately apparent, the clock may start when the cause is discovered.
Minor children: If a minor child wishes to file a wrongful death claim, the statute of limitations typically doesn’t begin until they reach the age of 18.
Legal disabilities: If the plaintiff is mentally or physically incapacitated, the statute may be tolled until the disability is lifted.
Failing to file within the prescribed time frame generally results in the loss of the right to pursue legal action, making it crucial to consult with an attorney promptly.
How a Personal Injury Attorney Can Help
Working through a wrongful death claim in Texas can often be overwhelming for grieving families. Therefore, a knowledgeable personal injury attorney can provide critical support. Some of the ways an experienced attorney can help include:
Investigating the incident: Gathering evidence, interviewing witnesses, and consulting with experts to build a strong case.
Determining liability: Identifying all responsible parties, which may include individuals, businesses, or government entities.
Calculating damages: Checking that all potential economic and non-economic losses are accounted for.
Negotiating settlements: Dealing with insurance companies to secure fair compensation without unnecessary delays.
Litigating in court: If a fair settlement can’t be reached, presenting a compelling case at trial.
Contact an Experienced Attorney Today
Wrongful death claims serve a dual purpose, which is to hold negligent or reckless parties accountable and provide financial relief to family members. Whether the death resulted from a car accident or another cause, consulting with an experienced personal injury attorney can help families work through the legal process with confidence.
At the Law Office of Steve Brannan, we serve clients throughout West Texas, including Odessa, Midland, Big Spring, Pecos, and Andrews. Contact us today to schedule a consultation.