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When Is Death Considered Wrongful Under Texas Law?
In the mind of a grieving family member who just lost a husband, a brother, or a son, death at any angle is never right. It robs children of a father who could have nurtured them and provided for their needs. For a sister, it takes away a brother she could always run to when the goings get rough. And to a mother, nothing and nobody can comprehend the sorrow that a mother feels when she loses her child. All who loved the deceased lost something upon his death: not only the companionship and affection he could have continuously given them but also the financial support he provided when he was alive and could have continued providing had he not died.
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This is what the law on wrongful death tries to compensate, and the exact remedy a competent wrongful death attorney called by the family to represent them should try to accomplish. The legal system cannot bring back a loved one, but it can hold responsible parties accountable and provide financial compensation to help surviving family members cope with their devastating loss.
A wrongful death lawsuit is brought to court as a consequence of an injury inflicted on a person that resulted in his death, and the effect of loss that his death caused upon the lives of people who depended on him for support, both in financial and emotional aspects. In wrongful death cases, the wrongful act could be a product of negligence or recklessness, or deliberate intent to harm someone. Car accidents, truck wrecks, medical errors, workplace accidents, defective products, and criminal acts all give rise to wrongful death claims in Texas.
What Differentiates Wrongful Death From Murder?
Murder is a criminal offense, while wrongful death is a civil case. This distinction is fundamental to understanding how wrongful death claims work and why families can pursue civil lawsuits even when criminal charges are filed or declined.
In a criminal case for murder, the guilt of the person charged with the offense must be proven beyond a reasonable doubt. The person charged is considered innocent until proven otherwise, and the burden of proof rests upon the prosecution to prove beyond reasonable doubt that the accused committed the crime. If there is an iota of doubt, the law rules in favor of acquittal. There must be an airtight case against the accused; otherwise, the court will have no recourse but to rule for an acquittal. Murder as a criminal offense carries the penalty of incarceration or even death in Texas.
Wrongful death, by contrast, is a civil case necessitating only a preponderance of the evidence to establish liability. This means the family must prove that it is more likely than not that the defendant’s conduct caused the death. This is a significantly lower standard than beyond a reasonable doubt. Wrongful death lawsuits seek monetary compensation for the victim’s family members and do not result in imprisonment of the person found liable.
This difference in standards explains why someone can be acquitted of murder in criminal court yet still be found liable for wrongful death in civil court. The O.J. Simpson case remains the most famous example of this principle. A jury found Simpson not guilty of murder, but a civil jury later found him liable for the wrongful deaths of Nicole Brown Simpson and Ron Goldman.
Wrongful Death and Medical Malpractice
In medical malpractice cases, the negligent act of a physician or healthcare provider may result in wrongful death, but not all wrongful deaths are caused by medical malpractice. Medical malpractice wrongful death cases arise when healthcare providers fail to meet the accepted standard of care and that failure causes a patient’s death.
Examples of medical malpractice leading to wrongful death include surgical errors, misdiagnosis or delayed diagnosis of serious conditions, medication errors, anesthesia mistakes, birth injuries, and failure to monitor patients properly. These cases require expert medical testimony to establish that the healthcare provider deviated from the standard of care and that deviation caused the death.
Texas has specific procedural requirements for medical malpractice cases, including wrongful death claims arising from medical negligence. An expert report must be filed within 120 days of the lawsuit being filed. Texas also caps non-economic damages in medical malpractice cases, which can significantly affect the compensation available to families. It is best to consult a wrongful death attorney for a thorough explanation of how these rules apply to your specific situation.
What Damages Can Families Recover in Wrongful Death Cases?
The reason for a wrongful death lawsuit is to determine the amount of compensation for damages that the family of the deceased incurred. Texas law allows surviving family members to recover various categories of damages.
Actual expenses include medical bills incurred before the death, funeral and burial expenses, and other out-of-pocket costs the family has paid as a result of the wrongful death.
Economic loss compensates the family for the financial support they have lost due to the wrongful death of their loved one who was the family’s provider. The following factors determine the compensation for economic loss: earnings that the person could have earned if he did not die, estimates of his future earnings based on his age, health, occupation, and earning capacity, and the value of benefits such as health insurance and retirement contributions the deceased would have provided.
Loss of companionship and consortium compensates surviving spouses for the loss of love, comfort, companionship, and sexual relations they would have enjoyed had their spouse lived.
Loss of parental guidance compensates children for the loss of a parent’s care, guidance, advice, and nurturing they would have received.
Mental anguish compensates family members for the emotional pain and suffering they experience as a result of losing their loved one.
In cases involving particularly egregious conduct, punitive damages may be available to punish the wrongdoer and deter similar conduct in the future.
Texas Wrongful Death Statute of Limitations
Statute of limitations refers to the period provided by state law during which a claim can be filed in court. When the period lapses, the right to file the claim is lost permanently. In Texas, the statute of limitations for wrongful death cases is generally two years from the date of death.
As a rule, the period commences when the death occurs. However, there are limited circumstances where the discovery rule may apply, potentially extending the deadline when the cause of death was not immediately known or was deliberately concealed.
Two years may seem like adequate time, but it passes quickly when families are grieving, handling funeral arrangements, and trying to put their lives back together. Wrongful death cases require substantial investigation, expert consultation, and preparation. Contacting a wrongful death attorney promptly ensures your family has time to build the strongest possible case.
Contact a Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence, recklessness, or intentional misconduct, your family may have a wrongful death claim under Texas law. A wrongful death attorney can evaluate your case, explain your legal options, and fight for the compensation your family deserves.
Most wrongful death attorneys offer free consultations and work on contingency, meaning you pay no attorney fees unless they recover compensation for your family. Don’t let the statute of limitations expire on your family’s right to justice. Contact a wrongful death attorney today to discuss your case.
