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Wrongful Death Law in Texas
Wrongful death is a civil cause of action brought by the family members of a person who has died due to the negligence or intentional act of another person or entity. In Texas, wrongful death is defined by statute as “a wrongful act, neglect, carelessness, unskillfulness, or default” that causes the death of another person.
Wrongful death cases can arise from a variety of situations, including:
- Car accidents
- Medical malpractice
- Workplace accidents
- Product liability
- Intentional acts, such as murder or assault
According to the Texas Department of State Health Services, there were over 28,000 deaths in Texas in 2020. Of those deaths, approximately 10% were due to unintentional injuries, which could potentially qualify as wrongful death cases.
Hiring a Wrongful Death Lawyer in Texas
In the aftermath of a wrongful death, hiring an experienced attorney is crucial for navigating the legal complexities and seeking justice. A skilled wrongful death lawyer can provide invaluable guidance and support throughout the legal process.
Qualities to Look for in a Wrongful Death Lawyer
- Experience and Expertise: Seek a lawyer who specializes in wrongful death cases and has a proven track record of success.
- Compassion and Empathy: The lawyer should be sensitive to the emotional toll of the loss and provide compassionate support.
- Communication Skills: Clear and effective communication is essential for understanding your needs and keeping you informed.
- Negotiation and Litigation Skills: The lawyer should be adept at negotiating settlements and litigating cases when necessary.
Role of a Wrongful Death Lawyer
A wrongful death lawyer plays a multifaceted role in a wrongful death case:
- Investigating the Death: Gathering evidence, interviewing witnesses, and determining the cause of death.
- Identifying Liable Parties: Determining who is legally responsible for the wrongful death.
- Filing a Wrongful Death Lawsuit: Drafting and filing a legal complaint to seek compensation.
- Negotiating a Settlement: Working with insurance companies and other parties to reach a fair settlement.
- Litigating the Case: Representing you in court if a settlement cannot be reached.
- Maximizing Compensation: Pursuing damages for medical expenses, lost wages, pain and suffering, and other losses.
Damages Recoverable in Wrongful Death Cases
Wrongful death cases in Texas allow surviving family members to seek compensation for the loss of their loved one. Damages can be substantial, encompassing both economic and non-economic losses.
Types of Damages
In Texas, damages in wrongful death cases fall into two categories:
- Economic Damages: These compensate for financial losses, such as lost income, medical expenses, and funeral costs.
- Non-Economic Damages: These address non-financial losses, including pain and suffering, loss of companionship, and emotional distress.
Calculating Damages
Damages are calculated based on several factors, including:
- The deceased’s earning capacity and potential future income
- The surviving family’s financial dependence on the deceased
- The severity of the non-economic losses
Substantial Damages in Wrongful Death Cases
In some cases, wrongful death damages can reach significant amounts:
“In 2021, a Texas jury awarded $25 million to the family of a man killed in a car accident. The damages included $10 million for economic losses and $15 million for non-economic losses.”
The Wrongful Death Statute of Limitations in Texas
The statute of limitations for filing a wrongful death lawsuit in Texas is two years from the date of the death. This means that you must file your lawsuit within two years of the date your loved one died, or you will lose your right to sue.
There are some exceptions to the statute of limitations. For example, if the defendant is out of state, the statute of limitations may be tolled (paused) until the defendant returns to Texas. Additionally, if the defendant fraudulently concealed the cause of death, the statute of limitations may not begin to run until the fraud is discovered.
There have been several cases in Texas where the statute of limitations for wrongful death has been successfully challenged. For example, in the case of Doe v. Archdiocese of Galveston-Houston, the Texas Supreme Court held that the statute of limitations did not begin to run until the plaintiff discovered that her son had been sexually abused by a priest.
Wrongful Death Trial Process in Texas
In Texas, a wrongful death trial follows a structured process to determine liability and damages in cases involving the death of an individual due to the negligence or wrongful act of another party.
The trial process involves several key steps:
Jury Selection
A jury is impaneled to hear the case and determine the facts. The jury is typically composed of six to twelve individuals who are selected based on their ability to be impartial and follow the law.
Opening Statements
Both the plaintiff’s attorney and the defendant’s attorney present their opening statements, outlining their respective theories of the case and the evidence they intend to present.
Presentation of Evidence
The plaintiff’s attorney presents evidence to support their claim of negligence or wrongful act, including witness testimony, medical records, and expert opinions. The defendant’s attorney then presents evidence to refute the plaintiff’s claims or mitigate damages.
Closing Arguments
After all the evidence has been presented, both attorneys deliver closing arguments, summarizing their case and urging the jury to rule in their favor.
Jury Deliberation and Verdict
The jury retires to deliberate and reach a verdict. In Texas, the verdict must be unanimous to find the defendant liable for wrongful death.
Potential Outcomes
The potential outcomes of a wrongful death trial include:
- Judgment for the Plaintiff: The jury finds the defendant liable and awards damages to the plaintiff.
- Judgment for the Defendant: The jury finds the defendant not liable or determines that the plaintiff failed to prove their case.
- Settlement: The parties may reach a settlement agreement before or during the trial, resolving the case without a jury verdict.
