If a loved one dies as the result of the negligence or direct actions of another party, that person’s surviving spouse, children and parents have the right to hold that party civilly liable for expenses and other damages.
What’s typically known as a wrongful death lawsuit is separate from any criminal charges the at-fault party may face. The actions or negligence that resulted in the person’s death, however, doesn’t have to be criminal for family members to recover damages.
Under Texas law, surviving relatives can sue someone for any “wrongful act, neglect, carelessness, unskillfulness, or default” that caused the death of their loved one. This can include anything from an unprovoked act of violence to a malfunctioning amusement park ride.
Types of damages
There’s usually no limit on compensation in a wrongful death lawsuit (with a few exceptions, such as medical malpractice). The plaintiffs need to make their case for the amount they’re seeking.
Plaintiffs can ask for economic damages for real financial losses and expenses such as medical care, burial costs and future lost income. They can also seek non-economic “pain and suffering” damages for things like loss of companionship and mental anguish.
Depending on the circumstances of the death, they may also be able to seek punitive or “exemplary” damages. Under Texas law, these damages may apply if the death resulted from a “willful act or omission or an extreme level of negligence, referred to as gross negligence.” For example, if someone was carelessly shooting a gun in the air to celebrate the Fourth of July in a residential area when people were outside celebrating, that would be considered gross negligence.
A wrongful death lawsuit is separate from a survival action
Family members can also bring a survival action against the party responsible for their loved one’s death. That would be a separate lawsuit and is meant to seek different damages, as has been discussed in a previous blog post.
Seeking a wrongful death lawsuit can be overwhelming at a time when a family is in mourning and shock. However, there are statutes of limitations for bringing these actions. That’s why it’s wise for families to seek legal guidance and begin the process as soon as possible.