What Constitutes Wrongful Death In Texas?
Laws related to wrongful deaths differ from state to state, and it is important to understand what the Texas statutes are related to this if the relevant death occurred in or is otherwise legally connected with the Lone Star State.
Simply put, a wrongful death took place in Texas when a “wrongful act, neglect, carelessness, unfitness, unskillfulness or default” resulted in a person’s death, which was connected with “an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach or other vehicle.”
Differences Between Criminal And Civil Cases
It helps to first understand the differences between criminal and civil cases.
A wrongful death lawsuit is an example of a civil case. In this type of situation, a dispute between private parties must be addressed and ruled upon. Generally, money is what is at stake. For example, those bringing forward a wrongful death lawsuit are usually looking for money from those whose actions caused that death to occur.
Conversely, a criminal case is one in which the state or other governmental entity has charged an individual with a crime, and, although money can be involved here as well in the form of fines and otherwise, prison time and probation are common punishments.
The same person can be charged in connection with both types of cases. One famous example involved O.J. Simpson as he was found not guilty of murder – i.e. the criminal case that had been brought forth against him – but was required to pay damages to affected individuals as a result of the relevant civil case ruling.
So, you can file a wrongful death claim regardless of whether or not criminal charges were or will be filed and what the outcome of those were or will be. Also keep in mind that the standard of proof is usually greater for a criminal case than it is for a civil one.
What Is A Wrongful Death?
A wrongful death can occur when someone sustained an injury that resulted in the loss of their life. It is important to note that this type of death does not need to be instantaneous as it can have taken place some time after the injury happened.
The death must have been the result of a “wrongful act, neglect, carelessness, unfitness, unskillfulness or default.” In other words, it would not have occurred had those who had caused it instead acted with a sense of care and responsibility. A wrongful death can, of course, be the case if it was intentionally caused, but occurrences such as auto accidents and medical malpractice can apply as well.
A helpful comparison to keep in mind is that if the injury had not been fatal, the injured party could have filed a personal injury lawsuit against those responsible for it.
Note that an unborn fetus who lost their life for one of these reasons is also eligible to be connected with a wrongful death lawsuit.
What Are Survival Claims?
Survival claims are similar to wrongful death ones.
The difference is that the same person was injured but still alive during the time in question. For example, if a car crash resulted in fatal injuries being suffered, but the death did not occur until several days later, the time between the accident and the death is the survival claim’s focus.
Damages can be awarded related to this specific time period and claim with relevant damages for after the death needing to be connected with a wrongful death case.
Elements Of Negligence
For a wrongful death claim to be proven by a wrongful death attorney in Texas, a few points need to be addressed.
Duty Of Care
People should provide a duty of care to others. For example, someone who is driving company materials across Texas should ensure that they are following traffic regulations and operating their vehicle in a safe and responsible manner. Note that this term also applies to how well related tasks were done prior to that person getting behind the wheel, such as them ensuring that their load does not exceed safe levels.
In fact, someone not even directly involved with the active transportation process could ultimately be at fault, such as if a manufacturer did not adequately test the breaks that were used in that vehicle, and a break failure is what resulted in someone dying.
Breach Of Duty
A breach happens when the duty of care was not followed. This would occur if that manufacturer in the last example did not adequately test those breaks. Additionally, someone who was driving 110 miles per hour would have committed a breach of duty, whether or not that resulted in crashing into someone and causing their death.
Causation
It is important for a wrongful death attorney in Huntsville to show causation – i.e. show that one or more relevant acts were specifically what caused this death. A speeding driver should be a relatively easy one to prove while a manufacturer of a truck’s breaks causing the accident may be more difficult to prove, or the reverse could be the case. Regardless, showing that this or multiple breaches of duty caused the death is essential.
Damages
There must have been damages suffered in order for a wrongful death claim to be successful. In other words, the claimant or claimants should show that they are eligible for compensation related to this death.
Importantly, note that the only people who are eligible to be claimants in a wrongful death lawsuit in Texas are that person’s spouse, children and parents. Siblings and others are not.
Damages can include the loss of financial support that is experienced with the death of this person as well as the losses of retirement benefits and inheritance-related income. In addition are harder-to-calculate impacts, such as emotional and mental anguish that has been suffered by those survivors and the loss of companionship and love from the decedent.
The jury will determine how any awarded money should be dispersed – i.e. how much should go to each person. Conversely, if a settlement is reached out of court, then, in most cases, those survivors would decide this amongst themselves.
Punitive Damages
In some situations, punitive damages will be awarded as well. These are not common and are only reserved for cases involving the most flagrant disregard for life. Another way to put it is that gross negligence occurred.
The primary intent behind punitive damages is to punish those responsible for this death to a much greater degree in order to further dissuade others from repeating these types of actions although, of course, those who are awarded punitive damages will be the beneficiary of this.
How To Prove A Wrongful Death
A wrongful death lawyer in Huntsville can prove a wrongful death in a number of ways.
Gathering evidence is one. For example, medical records and death certificates normally state what caused that person to die. A police report will also usually provide additional information related to that. If an autopsy was performed, that will normally prove to be of significant help. And there is physical evidence, such as video, photographs and bloody clothes, to consider.
Expert testimony may be utilized as well to help elaborate on the cause of death and its impact. This is especially useful if complex concepts should be explained in a manner that is easier for members of the jury to understand. For example, they can help show how the death was caused, or, if they are economists, how their death has and will continue to impact their survivors’ quality of life.
When Can You File A Wrongful Death Claim?
Generally, you have two years from the time of the person’s death to file a wrongful death claim, but there are some exceptions to that timeframe that could affect when you may file your claim.
One example is if negligence was not known to be a factor during that two-year period, whether due to it unintentionally not being apparent then or fraud having resulted in it being concealed throughout that time.
Also, if the plaintiff was a minor child at the time of this person’s death, the two-year statute of limitations does not start until the day that they turn 18. However, a parent or guardian could pursue this on their behalf before then, while they are still a minor child.
A similar exception occurs for those who were physically or mentally impaired at the time. The clock does not commence until they are competent. This is often the case when the plaintiff and the person who died were in the same accident while it could instead be unrelated.
What Is The Three-Month Rule?
In usual circumstances, spouses, children and parents have three months from the day of this person’s death to directly file a wrongful death claim.
However, they can still do so afterwards for up to two years following the death or beyond then if an exception to that general two-year rule applies. The difference is that, in most cases, following the third month, the administrator or executor of the decedent’s estate would need to file the lawsuit. Of course, if the surviving relevant relatives do not want the estate to do so, it should not.
Hiring a Wrongful Death Lawyer in Texas
If you are considering filing a wrongful death lawsuit, you should ensure that you are utilizing the services of a wrongful death attorney who is knowledgeable about the relevant Texas laws and has considerable experience with this type of case.
Reach out to ours today for a free consultation and more information on how we can assist. Of course, doing so right away is of the utmost importance if your statute of limitations will run out soon, or it has been more than two years since the death occurred, and you want to find out if you are eligible for a longer one.