Tortious wrongful death lawsuits are those filed on behalf of the survivors of a victim, who is deceased as result of an accident, malpractice or product liability. U.S. federal tort law rules provide for remedy of survivors where a family member has been lost in response to faulty manufacturing or negligent acts.

Wrongful Death

What is the Definition of Wrongful Death?

The basis to a wrongful death claim exists when a victim dies due to the culpability of another. The U.S. federal tort law negligence rule of “duty to a standard of reasonable care” persists where a legal entity or professional individual is obliged to “forewarning” of any potential risk, and sustained legal liability for “acts” resultant from a product or practice. Texas Code Ann. § 71.004(a) defines “[a] person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default”.

Who is Responsible in a Wrongful Death case?

Wrongful death lawsuits can be filed against companies, professionals, and some government agencies if a fatal accident has occurred. An example is a wrongful death as a result of a faulty suspension bridge, or due to a government agent who has failed to provide forewarning of a chemical hazard. Government agencies and employees protected by immunities under U.S. federal law may not be penalized by civil remedies in a wrongful death lawsuit. Criminal defense is not covered by civil immunities statutes.

Wrongful death claims are legal filings on behalf of survivors alleging damages from the unexpected death of “real parties of interest”. The representative of a wrongful death claim may be an estate executor named by the decedent. While categories of persons entitled to file a wrongful death lawsuit vary state to state, immediate family members, life partners, distant family members, parents of a deceased fetus, and persons who are evidenced to suffer financially from the wrongful death of another due to dependency are “real parties of interest”, and may sue a defending party for compensatory remedies for the loss of a loved one.

We Can Help if You Have a Wrongful Death Claim in Texas

Survivors of a victim in a wrongful death case should be aware of the “statute of limitations” of the state where a wrongful death claim will be filed. The legal time limit to filing a wrongful death lawsuit differs in each state. In Texas, wrongful death claims must be filed within two years of the date of discovery, or from the date when the infliction of harm was first identified.

If you are a survivor seeking justice for a wrongful death claim in Texas, contact David K. Wilson and Associates for the legal help you need and deserve. We have the expertise and experience to help you fight for compensation and to ensure your rights, and the rights of your lost loved one, are protected.

Additional Reading

Five of the Most Common Personal Injury Claims

How ELDs Could Lower Truck Accidents