What constitutes wrongful death in Texas?
Apr 17, 2019
There is seldom a death considered timely. When someone else’s wrongdoing causes an unexpected death, however, surviving family members are often left wondering how they will manage. This hardship is why some people file wrongful death lawsuits.
A wrongful death is a loss of human life attributable to someone else’s negligence or harmful intent. These cases arise out of many areas including medical malpractice, motor vehicle accidents and more.
Texas, like all states, has established their own criteria for wrongful death lawsuits.
Who is liable for a wrongful death lawsuit?
Texas’ wrongful death law states that liability for wrongful death occurs when another’s wrongful act, neglect, carelessness or lack of skill causes a death. These liable people can include business owners and business owners who transport goods or passengers such as trains and monorails. Owners and employees of electrical, gas and water plants also have liability.
Who may file a wrongful death lawsuit?
Spouses, children over the age of 18 and parents are eligible to file a wrongful death lawsuit. Mothers of unborn children may file for wrongful death should a tragedy occur during the pregnancy. In wrongful death cases involving unborn children, the law requires proof of pregnancy at the time of death. After three months, the executor of the deceased’s estate may file a wrongful death lawsuit.
How courts award damages
Juries award damages proportionately to the injury that caused death. The court then divides damages among applicable living beneficiaries. Courts will award damages against the defendant’s estate in the event of their passing during the trial.
Awards from a wrongful death lawsuit won’t change what happened but they can aid your family as you attempt to rebuild your life. You and your family shouldn’t have to struggle because of the negligence or errors or someone else. Wrongful death laws are there to protect people like you.