by gturnercontentcustoms | Sep 10, 2024 | Wrongful Death

Wrongful death lawsuits are one of the best options for justice after a tragedy. Those who lose loved ones in drunk driving car crashes, cases of medical malpractice or situations caused by defective consumer products can potentially take legal action.

In Texas, wrongful death lawsuits are possible when there is evidence of fraud, negligence, defaults or wrongful conduct on the part of another party. Both businesses and individuals may technically have legal and financial responsibility for someone dying.

Even in cases where the state does not prosecute anyone after a tragedy, a wrongful death lawsuit might still be possible. Families can request compensation for the losses caused by their loved one’s untimely passing. For starters, the following common expenses may contribute to the overall value of a Texas wrongful death lawsuit.

Economic damages

A significant percentage of the overall value of a wrongful death lawsuit often relates to economic losses. They are verifiable financial expenses that a family must absorb because an individual died. Lost future wages and benefits are often the biggest contributing element to a wrongful death lawsuit. The family can also seek the value of household services provided by the decedent. Family members may have to absorb a number of unpaid household responsibilities that the deceased individual previously managed. Those services can be worth thousands of dollars a year

Non-economic losses

The death of a loved one can cause a host of different challenges for those who survive. The emotional and social impact of the death on surviving family members can also be a consideration. Their mental pain and anguish, as well as the loss of companionship and love from the deceased, can contribute to the total value of the lawsuit.

Punitive or exemplary damages

In particularly tragic situations, families may have the option of requesting damages, also known as exemplary damages according to Texas state statutes. Exemplary damages do not stem from financial losses but are a form of punishment for the party at fault for the situation. Exemplary damages are only available in particularly egregious scenarios. Plaintiffs need clear and convincing evidence of egregious circumstances. There must be proof of gross negligence, fraud or malice to seek exemplary damages.

Determining how much to request in a wrongful death lawsuit is an important part of the legal process. Families need to determine the impact a passing has in order to effectively hold another party accountable for the losses generated by an untimely death.

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by gturnercontentcustoms | Jan 24, 2024 | Wrongful Death

No one wants to file a Texas wrongful death lawsuit. These lawsuits are usually the result of some terrible family tragedy. A drunk driver causes a crash or a business releases an obviously unsafe product that leads to someone dying.

The people left behind when someone dies prematurely may then pursue a wrongful death lawsuit as a way of recovering the economic damages triggered by the untimely death of an immediate family member. Families can go to court to request reimbursement for losses caused by someone’s untimely death if they have proof that another party is to blame for their loved one’s death.

Wrongful death lawsuits in Texas can lead to compensation for the end-of-life care and funeral services. Families can also request compensation for someone’s future earning potential, which represents financial support they could have provided their loved ones. How do plaintiffs in a wrongful death lawsuit calculate future wages?

Considering future opportunities is crucial

Many people employ an overly-simplistic approach to the calculation of lost wages in a wrongful death lawsuit. They simply multiply an individual’s current salary by the number of years they should have continued working before retirement if they hadn’t suddenly died.

The problem with this approach is obvious if people think about it long enough. Most workers continue to receive at least cost-of-living raises for as long as they continue working. Those with special skills or focused career ambitions might have also pursued promotions or new jobs with other companies to significantly increase their earning potential if they had survived. They could have eventually earned multiple times more than what they did at the time of their death.

There are also employment benefits to consider. An individual worker’s benefits could be worth as much as 30% of their annual salary. Family members may struggle to replace the health coverage and other benefits lost when someone dies unexpectedly. It is often a challenge for those seeking justice after a tragic incident to put a realistic value on the loss of their loved one by accurately estimating their future income.

Requesting the maximum amount of compensation possible can diminish the harm an untimely passing causes for survivors and maximize the consequences for those who negligently or intentionally cause someone’s death.

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by gturnercontentcustoms | Aug 16, 2023 | Wrongful Death

This summer, Gov. Greg Abbott signed a law that will make Texas one of the growing number of states that require those convicted of killing someone in a drunk or drugged driving crash to provide financial support to the victim’s children. The law, which was signed in June, takes effect on Sept. 1 of this year and applies to offenses committed on that date and going forward.

Specifically, the law requires anyone convicted of “intoxication manslaughter” to pay restitution to any child whose parent or legal guardian was killed until they reach the age of 18 or graduate from high school (whichever occurs last). This requirement is in addition to any other consequences of the crime, which can include a prison sentence of anywhere from two years to two decades. If an offender is unable to pay this restitution while they’re locked up, they may be able to take up to a year after their release to start making payments.

How is the amount of restitution determined?

The judge in the case will look at a number of factors, including:

• The financial resources of any surviving parent or the child’s legal guardian
• The financial resources of the offender
• Any financial resources the child has (for example, an inheritance and/or trust)
• The child’s standard of living prior to losing their parent or guardian
• The child’s financial, educational, physical and emotional needs

The court will then work out a payment plan with the offender that will involve monthly payments. The law notes that if the surviving parent or guardian has won a civil judgment against the offender, the restitution amount is deducted from that judgment.

How is payment enforced?

If an offender fails to company with the restitution order, it “may be enforced by the office of the attorney general, or by a person or a parent or guardian of the person named in the order to receive the restitution, in the same manner as a judgment in a civil action.”

While certainly no amount of money can make up for the loss of a parent, this restitution can provide much-needed financial help for a child left behind and for those caring for that child. It’s crucial for those surviving parents and guardians to understand the child’s right to this support and how to help ensure that it’s paid.

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by gturnercontentcustoms | Mar 21, 2023 | Wrongful Death

Losing a loved one irrevocably changes someone’s life. Parents, children and spouses are among those who are usually most profoundly affected by someone’s untimely death.

The surviving family members or someone who dies unexpectedly will likely experience intense emotional upheaval and profound grief. They may require professional services to process their emotions. The family may also be left in a lurch because of all of the expenses incurred when their loved one died and the loss of their support and services.

Those who are wondering what they can do when a loved one dies unexpectedly – and as a result of another’s negligence, recklessness or intentionally dangerous conduct – may benefit from learning more about their rights under Texas state law.

Some families can file a wrongful death lawsuit

Texas civil statutes allow those harmed by others to pursue a claim in civil court for financial compensation. Wrongful death lawsuits are a kind of personal injury claim brought by those who have recently lost a loved one. They are an option regardless of whether or not the state prosecuted anyone in relation to the tragedy.

State law specifically empowers those affected by the negligence, carelessness, unskillfulness, omissions or misconduct of an outside party to request compensation through a lawsuit. Typically, those harmed by others bring their claims directly, but wrongful death lawsuits are an option for those affected by someone else’s death, not the person directly harmed.

Provided that they file a lawsuit within two years of the death, it may be possible for grieving survivors to recover the full economic value of someone’s premature death. Family members can pursue a claim, but if they fail to act, the representative of someone’s estate could also pursue a wrongful death lawsuit.

How civil claims help

Families that feel harmed by the loss of a loved one obtain a sense of closure through a successful wrongful death claim. Presenting the situation to the courts and securing a ruling that affirms another party caused a loved one’s death can give families justice.

They can also recoup certain expenses and reduce how much the tragic passing of their loved one harms their family economically. Learning more about the right to pursue a wrongful death claim can help those who are grieving an unexpected loss of a loved one in Texas.

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by sushmitha.p@thomsonreuters.com | Jun 5, 2020 | Wrongful Death

When someone in your family dies unexpectedly, their death will have an immediate and lasting impact on you and the other people in your family. The emotional consequences from a sudden death are immediate. The financial consequences may only begin to crop up after a few weeks, but they will likely persist for the rest of your life.

You depended on your loved one for financial contributions to the household, as well as unpaid support such as cleaning, cooking and child care. There’s also the invaluable emotional and social support your loved one could provide that you will now have to do without for the rest of your life. All of those consequences can mean a drastic change to your daily life and financial stability.

In circumstances where someone else’s wrongful acts, carelessness, default or negligence directly contributed to the death of your loved one, you may have the right to pursue a wrongful death claim under Texas law. Part of the process for seeking wrongful death compensation involves putting a price on the impact of your loss.

Texas allows you to seek compensation for losses and your loved one’s suffering

Every state has its own rules regarding what compensation people can legally request through a wrongful death claim. Under Texas law, you have the right to seek the provable financial impact of the death.

Those costs can include the medical expenses incurred by your loved one before they died, their funeral and burial expenses, their lost wages and benefits, loss of inheritance and even loss of support from an interpersonal perspective.

From the emotional attachment and affection of a spouse to the practical support they provide around the house, it’s possible for you to claim the total impact of the death on your family. Additionally, you can bring claims for any pain and suffering your loved one might have brought if they had survived.

Can you request punitive damages in a wrongful death claim?

Punitive damages, also known as exemplary damages, serve as a penalty, rather than as a means of defraying expenses that impact the victim. While it is sometimes possible to seek exemplary damages in Texas, they are only an option in cases involving gross negligence or willful acts.

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by sushmitha.p@thomsonreuters.com | Apr 8, 2020 | Wrongful Death

Given the cultural ubiquity of anti-drunk-driving campaigns, ranging from presentations in high schools to television ads, it is virtually impossible to locate someone in the United States who doesn’t know that driving while under the influence of alcohol is both dangerous and illegal.

When a drunk driver takes the life of someone you love by causing a crash when they shouldn’t have even been on the road, it is natural to feel angry and confused. How could someone do something so selfish?

You may want to pursue justice, and under Texas law, you probably have every right to do so. Wrongful death lawsuits after a drunk driving crash allow surviving family members to hold people accountable for the impact of their decisions on someone who died and the people who love them.

A criminal conviction does not prevent a civil lawsuit

If the state of Texas already successfully brought charges against the person who caused the crash that took the life of your loved one, you might wrongfully assume that you cannot take steps to hold them accountable separately. Many people are familiar with the idea of Double Jeopardy, which means that person cannot stand trial twice for the same crime.

However, you don’t have the authority to bring criminal charges. What you will bring is a civil suit, which is a very separate thing. Not only is it possible to bring a civil suit after a conviction, but the conviction itself may improve your chances of winning the lawsuit.

How does Texas define wrongful death?

Wrongful deaths result from the wrongful actions, negligence, unskillfulness, carelessness or default of another person or potentially a business. Getting behind the wheel while under the influence of alcohol is both a wrongful act because it violates the law and negligence, as most people would readily acknowledge that impairment from alcohol makes someone a more dangerous driver.

Particularly in circumstances for a driver who pleaded guilty to an impaired driving offense, you will likely have the right as a surviving family member to bring a claim against that drunk driver for the impact their decision has had on your life.

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by jessica.freeburg@thomsonreuters.com | Apr 23, 2019 | Wrongful Death

It’s heartbreaking to imagine a child being killed, especially when the accident was preventable. Whether it’s a child who was struck by a stranger’s vehicle backing out of a driveway or one who was involved in a serious collision with their parents, the loss is something that will take time to recover from.

One thing parents can do after losing a child is file a wrongful death claim. Understandably, there is no amount of money that can bring back your loved one, and there’s no amount that can assuage the monumental grief. However, families can seek compensation to help cover their financial losses related to the death of their loved ones.

How are people compensated for the deaths of children?

Children pose a unique issue to the Texas court system due to the way that price-setting procedures were created. A child doesn’t yet have a job to make financial contributions to the family, in many cases. That can make it hard to assess potential financial losses associated with the death.

Parents may find that their recovery options are limited because of their child’s age. Financial losses for children are based on the child’s earning potential, age, sex, life expectancy and the state of their health at the time of death. Other factors that might impact the recovery include the child’s life expectancy and the age, health or circumstances of those who are making the claim.

It may be easier to assess the financial losses when a child is older, like a teenager who is beginning to work, compared to a toddler or infant. Why? It’s easier to speculate on what an older child might have done for work or, at the very least, their earning potential.

Juries tend to use work-life expectancy tables to calculate losses in wrongful death cases involving children, but overall, the awards tend to be small when they involve children.

When you lose a child, there is no greater loss. Your San Antonio attorney will work with you to fight for fair compensation through the legal system. While it’s difficult to put a value on a person’s life, good documentation and information about your child’s life can help a jury come up with a fair award.

The loss of your child leaves an irreparable void and inconsolable pain, but with financial support, you can work to make sure you live as comfortably as possible while you and your family grieve this tragic loss.

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by punith.s@thomsonreuters.com | Feb 20, 2019 | Wrongful Death

Most people know that surviving dependents can file a lawsuit against someone who causes a death. These lawsuits, called wrongful death actions, give surviving spouses, children and parents some form of compensation for a tragic and unnecessary loss in their lives.

A wrongful death lawsuit can help family members recoup medical and funeral costs related to a wrongful death. They also offset other forms of impact related to their loss, such as lost wages, loss of household services or even the loss of the love and companionship from their deceased family member.

Fewer people may understand that even those without familial dependents can still be the cause of a wrongful death action. Just because an individual dies without a spouse, children or dependent parents does not mean that the responsible party won’t face consequences.

When there is no family to file a claim, the executor of the estate can file

Family members who depended on the deceased for support always receive priority in wrongful death lawsuits. However, in the event that there is not a dependent family member to bring the lawsuit, the individual serving as the executor or administrator of the estate for the deceased can also bring a wrongful death lawsuit under Texas law.

Of course, in order for the estate administrator to bring such a lawsuit, they have to demonstrate grounds for a wrongful death claim. That means there needs to be reason to believe that the death was the direct result of either negligence or a wrongful act on the part of the other party.

Provided that such evidence exists, the executor of the estate can pursue similar damages to the damages sought by family members, including medical and funeral expenses.

Wrongful death suits are as much about justice as they are about money

When someone makes a mistake that has fatal implications for other people, there need to be consequences. It isn’t a universal truth that those who cause accidents eventually face criminal charges.

In some cases, the burden of proof for criminal charges may be too high. In other cases, negligence, and not a crime, is the cause of the death. A prosecutor may decline to charge someone in those circumstances. However, a wrongful death lawsuit is another way to hold someone legally and publicly accountable for the consequences of their decisions.

Those charged with handling the estate of someone killed in an accident may need to consider wrongful death actions as part of their position as executor. Talking with an attorney who understands the complicated personal injury laws in Texas is a good first step toward determining if such a case is a good idea for the estate in question.

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by jessica.freeburg@thomsonreuters.com | Oct 25, 2018 | Wrongful Death

When a person loses their life in a car accident, the immediate needs of their family and community often overshadow the legal issues at hand. The grief of the loss can make it difficult for the victim’s loved ones to even think about taking legal action, even if they know that it is warranted.

However, in circumstances where another person’s actions or negligence cause the death of the victim, it is often necessary to file a wrongful death claim to seek justice. Of course, not all fatal accidents support wrongful death suits, so it is wise to examine what the law has to say about your specific circumstances if you are unsure.

Did the accident result in criminal charges?

Often, if an accident results in criminal charges for the responsible party, then it is likely that the circumstances support a wrongful death suit. Criminal charges only arise when law enforcement believes that the person who caused the accident broke the law while doing so.

However, even if there are no criminal charges, you may have grounds to file a civil lawsuit. Civil suits help resolve conflicts or injustices between parties even when neither side did anything criminal.

A civil suit addresses situations where one party violates the rights of another party. A wrongful death accident usually justifies a civil suit, even if there are no criminal charges after the accident.

What if the victim survives the accident but dies later?

In many cases, accident victims survive the initial harm, but die later on. These situations can still justify wrongful death claims, as long as the victim dies because of the injuries they sustained in the accident.

In contrast, if a person who is battling cancer receives serious injuries in a car accident, but later succumbs to the cancer, then a wrongful death suit is not likely to succeed. Even though the victim suffered real harm, if their death was not caused by the accident, then the death is not legally considered wrongful.

Even so, the victim’s loved ones should still consider their legal options for seeking full compensation for the medical expenses and other losses that the accident caused. In the case of the cancer patient, even if the car accident does not kill them, it may still result in thousands of dollars in medical costs. The party who caused the accident should still accept liability for those expenses.

Protecting your rights begins today

Anyone who has lost a loved one in a car accident is already dealing with a large burden. It is often difficult in these moments to feel that protecting yourself from future losses is useful.

But a strong legal strategy can ensure that you have the tools and knowledge to keep your rights and priorities secure while you recover from your loss and begin to rebuild.

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by jessica.freeburg@thomsonreuters.com | Aug 23, 2018 | Wrongful Death

Losing a loved one is never easy. When that loss is sudden and unexpected, it can be much harder. This is particularly true if someone dies as the result of a mistake or negligence on the part of a third party. Many people go through a series of strong emotions in the wake of such a shocking loss. Denial is common, as is anger or even bargaining.

Unfortunately, nothing you do can change the reality of your situation. However, you may be able to take action to hold the person responsible for your loss legally and financially accountable. Under Texas law, surviving family members may have the right to pursue wrongful death compensation after experiencing a tragic loss.

Only certain people can seek wrongful death compensation

Texas law is very specific about who has the right to pursue a wrongful death claim. Typically speaking, the spouse, parents or children of the deceased are the parties that should bring a wrongful death claim against the responsible party. However, many times these people are often the ones who are grieving the most after a sudden and tragic death.

In the event that none of these family members initiate legal action for a wrongful death claim within three months of the date of death, the executor of the estate may bring the action instead. The person charged with handling the last will or estate plan of the deceased can also seek compensation from the person who caused the death if the family members have not taken steps to initiate such a claim.

Family members can seek compensation for provable financial losses

There are only certain kinds of damages that you can seek in a wrongful death claim in Texas. One of these is pecuniary loss. This phrase refers to the support, services, care and contributions that the deceased would have provided if they hadn’t died. It is also possible to seek compensation for losing out on the companionship of the person who died and mental anguish suffered by those who are grieving the loss of the deceased.

Families can also seek compensation through a survival action related to a wrongful death case. For example, the family can claim any medical expenses related to care of the deceased prior to their death. They can also seek compensation for pain and suffering experienced by the deceased between the fatal incident and their death. Finally, families have the right to pursue compensation for funeral expenses.

Wrongful death claims can minimize the impact of a loss on your family

While there will certainly be emotional and social fallout from this loss, your family shouldn’t have to bear the burden of financial consequences as well. A wrongful death lawsuit can help you recover some of the financial losses you experienced in the wake of an unexpected death. While this won’t necessarily repair the damage done to your family, it can make planning for the future a little bit easier.

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by lainie.little@thomsonreuters.com | Jun 2, 2017 | Wrongful Death

It’s the kind of worst-case scenario no one wants to consider. After months or years of leaving for work every morning, one day your loved one doesn’t come back home. Many times, when someone dies at work, it’s because they worked in a high risk industry, like professional driving, construction or one of many positions on an oil rig. Other times, an accident with machinery or an equipment failure could result in fatalities at even the safest of manufacturing or even retail jobs. Whatever the cause of death, it is still traumatic to lose someone you love due to a workplace incident.

Not only do you and your family have to adjust to life without someone you love, your finances are almost certainly going to be impacted. If the person who died at work was your household’s primary wage earner, it could change your quality of life and ability to provide for your family. Losing a spouse or parent to a work accident is difficult. You shouldn’t have to compound that with additional losses, such as losing your home or your vehicle because you are unable to pay for your monthly expenses. Thankfully, workers’ compensation offers benefits to families who have suffered a work-related loss.

Workers’ compensation will pay benefits after a death

Texas has specific rules and protections in place in the event of a workplace fatality. There are special benefits inside the workers’ compensation program, called death benefits, that your family can access after a loss. Those who may qualify for these benefits include a surviving spouse, minor children, children under the age of 25 enrolled in school, dependent grandchildren and other family members and non-dependent parents if there are no other beneficiaries in need of the benefit. You are eligible for the benefit the day after the death, but you must file within one year to receive them.

The duration of benefits depends on the situation. A dependent spouse will receive benefits for the rest of his or her life, unless the surviving spouse remarries. At the time of remarrying, the spouse will receive a lump sum benefit equivalent to two years of benefits. If there are dependent children, the benefit may get split among the spouse and all dependent children. Children will receive benefits until the age of 18 or 25 if they are enrolled in an accredited school. Children with physical or mental disabilities can receive benefits for the rest of their lives, or until the disability ends.

An attorney can help you obtain the benefits you deserve

It can be difficult to handle applications and paperwork when you’re grieving. Working with an experienced Texas attorney who understands workers’ compensation, personal injury and wrongful death cases can make the whole process simpler. From applying for benefits to reviewing if employer negligence contributed to the death, an attorney can help your family in a number of ways after a workplace fatality.

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