Thousands of people in Texas are killed each year accidentally, and their surviving family members often have many questions. At The Pennington Firm, we have developed expertise over the years in wrongful death cases. This is an unusual type of personal injury case. Let us use our expertise on your behalf to negotiate a settlement for the loss of a beloved family member. Below, we answer some of the most common questions from the public about wrongful death cases.
What constitutes a wrongful death claim?
Texas law defines a wrongful death as any death of a person or fetus caused by default, carelessness, neglect, unskillfulness or wrongful act. There are many examples:
- Accidents caused by negligence, such as distracted driving collisions or other motor vehicle crashes.
- Reckless conduct, such as shooting a gun into a crowd.
- Accidents on property due to a hazard, like a fire or falling roof.
- Failure to provide reasonable security to protect visitors from crime.
- Intentional criminal acts, like assault or homicide.
Who can file a wrongful death lawsuit?
A surviving child, spouse, or parent can file the wrongful death lawsuit in the first three months after the death. Once these three months pass, the estate’s personal representative must file the lawsuit unless the surviving family members agree it should not be filed.
Who is responsible?
Responsibility for a fatal accident will depend on the facts. The Pennington Firm has sued:
- Drivers for causing fatal accidents.
- Truckers for errors behind the wheel which led to accidents.
- Property owners for failing to fix or warn of a hazard which injures the deceased.
- Doctors and surgeons for fatal medical errors, like delayed diagnosis or surgical mistakes.
- Hospitals for failing to protect their patients.
- Business, like hotels and motels, for providing inadequate security, which leads to an attack.
- Criminals who violently attack and kill a loved one.
What kind of compensation can be sought in a wrongful death claim?
Family members should request financial compensation to make up for all economic and non-economic losses. In Texas, these include:
- Loss of financial support
- Loss of household services
- Any lost inheritance
- Survivor’s pain and mental anguish
- Loss of companionship, comfort, love, and society
Work closely with your lawyer to determine how much compensation you should seek. Some of these losses are easier to prove. Others are more subjective.
We might seek punitive damages when the death was caused by gross negligence or by a willful act or omission. A drunk driver is an example of a defendant who should pay punitive damages for especially offensive conduct. Anyone who intentionally kills your loved one should also pay.
What evidence is crucial for a wrongful death claim?
Witness testimony. Witnesses help people gain a perspective on what happened. Unfortunately, witnesses are not always available because no one might have observed the accident, and your loved one has died.
Video evidence. Video might have captured the incident, so it is helpful. For example, your loved one might have died in a crash right outside a store, which has a camera pointed at the road. Other video includes dashcam footage.
Medical records. We need to prove the defendant caused the death. In a car accident case, we need to show how the accident caused fatal injuries.
How long do I have to file a wrongful death lawsuit?
The deadline in Texas for filing a wrongful death lawsuit is two years. The clock will begin on the day of your loved one’s death. Should you miss the deadline, even accidentally, a defendant can ask a judge to toss your case out of court. You will lose the ability to refile later.
What can be done while the lawsuit is pending?
The Pennington Firm can negotiate for a settlement. Defendants often are represented by insurance companies, who should agree to pay compensation when their client is at fault for the death. Unfortunately, very few defendants admit liability. Even fewer want to pay fair compensation to someone for a fatal accident. We might spend months negotiating with the other side.
Will I have to testify at a wrongful death trial?
You might. You will probably testify if you witnessed the accident or to help prove your loss of companionship and your grief. However, our firm can settle most wrongful death cases, so trial is unnecessary.
Call Us Today
The Pennington Firm offers a free consultation to anyone who has lost a loved one in an accident or violent attack. We can discuss possible compensation and answer your questions in a free consultation.
