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Wrongful Death
In Texas, a wrongful death action is a statutory right to sue a person or business responsible for causing the death of a family member. This right is given to the surviving family members of the person who died. To bring a wrongful death action, a death must have been caused by the wrongful, negligent, careless, or reckless act of the other person (whether an individual, company or governmental entity).
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The Texas wrongful death statute was adopted so that the family members of a deceased can bring the legal action that the deceased would have brought, had death not occurred. The intent of the law is to compensate family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.
A defendant can only be held responsible for a wrongful death if it can be proved that the wrongdoer's conduct was the cause of the death. The time between the wrongdoer's action and the death is not a factor, as long as it can be proved that the wrongdoer's action was the cause of death.
In Texas, generally, it must be shown that the death was caused by another's wrongful act; that the act was such that the deceased person would have been due damages from that act; and that monetary damages arose from the act. If these three criteria are met, it is possible that a wrongful death claim can be filed.
In a case of wrongful death, damages are assessed to compensate family members for their loss. There are many ways in which damages can be calculated. Since damages can be awarded in a number of areas, it is important to examine each one carefully. The most obvious loss in a case of wrongful death is the actual expense occasioned by medical and death expenses. These are usually easy to determine. Less obvious but equally important is the loss of future earnings and benefits, as well as the loss of companionship. These damages are more difficult to calculate and include anticipating the life span and earnings of the deceased person, as well as the relationship to remaining family members.
Loss of companionship is very difficult to calculate since it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.
A final area of damages is punitive damages. This is an amount awarded to punish the person who caused the death, rather than to compensate for a specific loss. It can typically only be awarded when the action of the defendant was intentional or grossly negligent.
If your family has suffered as a result of the wrongful death of a family member, the Pastrana Law Firm stands ready to help. Call our toll-free number or email us, and we will provide you a free consultation to properly evaluate your family's claim.
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