Losing a loved one is always difficult, but when their death is caused by the negligence or misconduct of another person or entity, the grief can be exponentially worse. In Texas, state law provides a legal avenue for holding wrongdoers financially accountable through a wrongful death claim. This can provide compensation to help the victim’s family with expenses, lost income, and other damages associated with their loss.
What Qualifies as a Wrongful Death in Texas?
Under the Texas Wrongful Death Act, the survivors of a person killed due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another may pursue a wrongful death claim. This includes scenarios such as:
- Car, truck, motorcycle, bicycle, pedestrian, or other transportation accidents caused by a negligent driver. Common causes are drunk driving, distracted driving, speeding, and failure to yield.
- Defective or dangerous products that cause injury or death, such as exploding airbags, faulty child safety seats, dangerous drugs, asbestos, and other toxins.
- Medical malpractice such as surgical errors, medication errors, childbirth injuries, failure to diagnose cancer or heart disease, etc.
- Workplace accidents due to unsafe conditions, defective equipment, lack of proper training or supervision, etc.
- Premises liability accidents on someone else’s property due to poor maintenance, inadequate security, slippery floors, etc.
- Nursing home abuse or neglect, such as bedsores, malnutrition, dehydration, infections, etc.
Even intentional acts like assault or murder can qualify if caused by the wrongful conduct of another party. Overall, if the actions or inactions of a person or entity directly lead to another’s death, the surviving family members may have a wrongful death claim.
The Time Limit for Filing a Wrongful Death Claim
It is important to understand that Texas has a strict two-year statute of limitations for wrongful death claims. This means the claim must be filed within two years from the date of the individual’s death, or the survivors lose the right to sue.
Given the complexities involved, it is advisable to speak with an experienced wrongful death lawyer in Arlington, TX as soon as possible after losing a loved one in a preventable accident or incident. An attorney can immediately investigate the case and determine if grounds exist to pursue a claim. This is key to collecting important evidence and filing before the statute of limitations expires.
Who Can File a Wrongful Death Claim in Texas?
Under the law, the following people are entitled to bring a wrongful death suit:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased
- The executors or administrators of the deceased’s estate
If none of these main categories of survivors exist, the law also allows more distant family members such as grandparents, siblings, adopted children, and illegitimate children to file instead.
Damages Available in a Texas Wrongful Death Suit
In a successful Texas wrongful death claim, the at-fault party may be ordered to pay damages under two main categories:
Compensatory Damages
These are meant to compensate the family for their tangible and intangible losses. Types of compensatory damages may include:
- Funeral and burial costs
- Loss of expected financial contributions or inheritance
- Loss of benefits, like health insurance coverage
- Loss of household services the deceased used to provide
- Mental anguish and emotional suffering
- Loss of companionship, guidance, nurturing, and advice
Punitive Damages
If the liable party’s actions were grossly negligent or intentional misconduct, punitive damages may also be awarded. This is to punish the wrongdoer and deter similar actions in the future. Punitive damages are capped in Texas.
Wrongful Death Claims in Dallas, Texas
As the 9th largest city in the U.S. with 1.3 million residents, Dallas sees its fair share of preventable tragedies each year. Some common scenarios leading to wrongful death claims in the Dallas area include:
Motor Vehicle Accidents
With heavily congested highways and dangerous intersections, deadly auto accidents frequently occur in Dallas. Risk factors like speeding, drunk driving, distracted driving, drowsy driving, and reckless driving contribute to the incidents. Survivors may have a case if another motorist caused the crash.
Medical Malpractice
Top-rated hospitals like UT Southwestern Medical Center and Texas Health Presbyterian treat thousands of patients. But even good doctors make fatal errors sometimes like surgical mistakes, childbirth injuries, and failure to diagnose deadly conditions. Oversights can also occur in clinics, nursing homes, and other healthcare facilities.
Workplace Accidents
Texas has many industrial and construction companies where workers face serious hazards. Falls at heights, heavy machinery accidents, trench collapses, and electrocutions are examples of incidents that may warrant a Dallas wrongful death claim if caused by negligence of the employer or another party.
Nursing Home Abuse
Elderly Dallas residents in care facilities can encounter problems like bedsores, malnutrition, dehydration, excessive medication, and physical abuse leading to their untimely death. Facilities can be sued for not meeting proper standards of care.
Defective Products
When defective consumer goods cause injury or death, the manufacturers and other parties in the chain of distribution may be held responsible. Some examples include dangerous drugs, defective car parts, toxic toys, flammable sleepwear, and faulty gun triggers.
Premises Liability
Property owners in Dallas have a duty to maintain their premises in reasonably safe condition. But too often, unmarked hazards lead to fatalities. Some examples are poor lighting, unsecured scaffolding, broken stair rails, unsafe construction areas, and wet, slippery floors.
Intentional Wrongful Acts
While less frequent, wrongful deaths can also arise from assault, murder, drunk driving crashes, child abuse, elder abuse, police brutality, and other intentional acts that wrongfully take a life. The perpetrators and sometimes third parties who enabled their actions can be held legally liable.
Complicated Wrongful Death Claims Require Experienced Attorneys
As highlighted, Dallas families lose loved ones every year in an array of preventable accidents and incidents. Seeking compensation through a Texas wrongful death lawsuit is complex and emotional. The skilled lawyers at Karns & Karns advocate for grieving families and handle these delicate cases with compassion and care. With extensive experience in wrongful death law, we work diligently to secure the maximum recovery possible to help survivors rebuild their lives.
If you have lost a family member due to another’s negligence or misconduct anywhere in the Dallas area, time is of the essence. Please call 800-4THE-WIN (800-484-3946) right away for a free consultation with a dedicated Arlington wrongful death accident attorney. We will fight to get you the justice and closure you deserve.
