If a loved one has died because of the actions or negligence of another person or entity, the law generally gives close family members the right to hold that party civilly liable. This is the case regardless of whether the at-fault party faces criminal charges or not. For example, doctors can sometimes be held liable for wrongful death when they make an error that causes a fatality. However, they aren’t typically charged criminally for professional negligence.
It’s important to know who can file a wrongful death suit and what kind of damages eligible parties can recover. Under Texas law, surviving spouses, children and parents of a deceased person can generally file a wrongful death suit against someone whom they hold responsible for a “wrongful act, neglect, carelessness, unskillfulness, or default” that caused the death of their loved one.
What kind of damages can surviving loved ones seek?
Wrongful death suits are used to recover economic damages suffered by a family for things like costs for medical care prior to a loved one’s death, burial expenses and lost future income if the deceased helped support a family. Surviving loved ones can also seek non-economic or “pain and suffering” damages for their own mental anguish and loss of companionship.
Depending on the circumstances of the death, they may also be able to seek punitive or “exemplary” damages. Under Texas law, these damages may apply if the death resulted from a “willful act or omission or an extreme level of negligence, referred to as gross negligence.”
What is a survival action?
Family members can also – or alternatively – potentially bring a survival action against the party they hold responsible for their loved one’s death. The plaintiff in the case, however, must actually be the deceased’s estate since the purpose of the suit is to seek damages the deceased would have been entitled to if they had lived. These actions typically seek damages for things like conscious pain and suffering they endured prior to their death. Any award or settlement for this action goes to the estate.
It’s a lot to think about at an extremely difficult time. There are time limits, however, on how long a family can wait to bring these legal claims. Seeking compassionate, experienced legal guidance promptly can help those who have suffered a needless, devastating loss to potentially gain some measure of justice and fair compensation.