What does it mean that someone’s death was a “wrongful death” in Texas?

Contact me today

Answer

People often assume that wrongful death means that someone died in an accident. And this is true, but what many people don’t realize is that there are many types of accidents, including work accidents, which are viable wrongful death suits.

Who files a wrongful death claim?

A wrongful death claim is brought about by a family member when they lose someone in an accident that was caused by negligence. Usually, that person is the spouse or parent.  

What is a survival action claim?

If somebody dies and they don’t have wrongful death claim, they may have a survival action. This means that the estate of the deceased sues on behalf of the person who died. The estate can sue for the pain and suffering of the person who died, the hospital bills and funeral costs. These are known as injuries and damages. Typically in a survival action claim there is a space of time between the accident and the death.

Who represents the estate?

Typically the spouse acts as the representative for the children, the estate and for themselves.

In what types of situations can family members file a wrongful death suit?

There are many instances when filing a wrongful death claim may be advisable. These include:

  • If a doctor or hospital’s negligence caused the death
  • In a fatal motor vehicle, boating or transportation accident
  • If the person died due to exposure to hazardous conditions or substances
  • If the person was murdered
  • If the person died due to a defective product
  • If the person died at work because of the job
  • If the person died during a supervised activity

It’s important to know that accidents and, sadly, deaths can happen anywhere including places that are supposed to be fun or recreational. Sometimes there are red flags that people in authority ignore, and these are potential causes of action.

Can I still file for wrongful death in a worker’s compensation case?

Yes. There are many circumstances where you might think you don’t have a cause of action, or right to file a wrongful death claim, but you do.  For example, if your spouse was killed at work, you can collect worker’s compensation and additional compensation if there is gross negligence. A lawyer who works in wrongful death can determine if there is additional compensation you are entitled to.

If you lost a loved one due to an accident that was someone else’s fault, contact a lawyer who works in wrongful death immediately. Even if you do not have a wrongful death claim, in some cases you may be able to file a survival action lawsuit.

Disclaimer:

The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other answers about Wrongful Death

Tracey L. Dellacona

What Are The Steps Toward Making A Wrongful Death Claim In Georgia?

The first step in making a wrongful death claim is determining and establishing that the negligent act caused the death. After that, the estate will …Sponsored answer by Tracey L. Dellacona

Walter Marshall Sanchez

What is a wrongful death claim in Louisiana?

You might be entitled to wrongful death damages if the death of your spouse or family member was caused by someone else’s negligent or faulty …Sponsored answer by Walter Marshall Sanchez

Chris Vilione

When Should You Talk To A Wrongful Death Lawyer In Minnesota?

If your loved one dies or suffers a catastrophic injury that will likely lead to their death, it is advisable to contact an experienced Minnesota …Sponsored answer by Chris Vilione

Call me:
800-491-1493

Contact me

Required fields are marked with an asterisk (*).

To: Robert C. Hilliard Super Lawyers: Potential Client Inquiry

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Page Generated: 0.27181816101074 sec