Wrongful Death - Why do I need a lawyer?
When someone you love is killed by the actions (or inactions) of someone else, that is a Wrongful Death. Wrongful Death can happen in car, truck, or motorcycle accidents, drunk or distracted driving, workplace injuries, industrial accidents, fires, medical mistakes, fights, hunting accidents, drug overdoses, criminal events (even when punished in the criminal system), and many other situations. Whenever someone dies because someone else failed to do what a reasonably careful person should have done, that is a Wrongful Death.
Is Wrongful Death different than Survival?
Yes. Wrongful Death is the claim for the losses caused by the death that are suffered by the dead person’s surviving spouse, children, and parents. Survival Claims are for the pain, suffering, mental anguish, and medical expenses suffered before death by the person who died. Survival Claims must be brought by the Estate of the one who died.
Who can sue for Wrongful Death?
Texas law allows the dead person's surviving spouse, children, and parents to recover damages from anyone whose wrongful conduct was a direct cause of the Wrongful Death.
What damages can be recovered for Wrongful Death?
Wrongful Death damages are to compensate for the losses suffered by the persons left behind. They are not for the pain and suffering of the person who died -- those are Survival Claims. Wrongful Death damages reimburse the claimant for the claimant’s own losses, so they vary depending on the relationship between the person who died and the person(s) bringing the claim. Wrongful Death damages can include mental anguish, loss of love and affection, loss of companionship, loss of household services, loss of earning capacity and financial support, and loss of inheritance.
What is the deadline for bringing a Wrongful Death case?
Usually, Wrongful Death claims must be brought within two (2) years of the date of death. That deadline can sometimes be extended if the claimant is under eighteen (18) years old, or the bad actor hid or fraudulently concealed his/her actions that caused the death. Delay doesn’t help, so talk to a lawyer as soon as possible about any potential Wrongful Death.
What is a Survival Claim?
Texas law recognizes a Survival Claim for the injuries suffered before death. The Estate of the person who died may bring a Survival claim to collect damages for any pain, suffering, mental anguish, and medical and burial expenses from wrongful conduct that caused that suffering before death occurred. Survival claims are for the injuries and damages suffered before death. Survival claims can occur whenever someone dies from a motor vehicle crash, drunk or distracted driving, workplace injury, industrial accident, fire, medical mistake, fight, shooting or hunting incident, accidental drug overdose, criminal event (even when punished criminally), and other situations. If a person dies because of someone else’s fault, the suffering that happened before death is a Survival claim.
If someone you love died from a wrongful death, call Lewis Coppedge, P.C. right now to seek justice.