Wrongful death is classified as a personal injury claim. When an accident victim dies due to injuries, their loved ones may file a claim for “wrongful death” and receive compensation for damages. But how is a wrongful death case a personal injury claim?
If your loved one is killed due to someone else’s carelessness, you have the right to file a wrongful death lawsuit. It might help to get assistance from a Texas personal injury attorney. You are entitled to compensation for financial and emotional damages.
What Is Wrongful Death in Texas?
A wrongful death claim may be seen as a personal injury claim in which the victim didn’t survive to file for compensation. In Texas, a personal injury claim is considered wrongful death when:
- An injury is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another individual or entity.
- An injury results in the death of a person or an unborn child.
- The deceased or unborn child would have been eligible to file a personal injury lawsuit had they lived.
Wrongful death lawsuits, like personal injury claims more broadly, may be based on a wide variety of situations, such as:
- Accidents that are caused by negligence
- Medical negligence
- Intentional actions that caused harm to another person
- Medical malpractice
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What Are the Similarities Between Personal Injury and Wrongful Death Claims?
Personal injury lawsuits and wrongful death claims have similarities. The tort law encompasses both personal injury and wrongful death lawsuits. As such, the following proofs are required to be presented by you in case of wrongful death claim and personal injury claim:
- Duty of care by the defendant
- Breach of duty of care
- The breach caused an injury
What Is the Difference Between Wrongful Death and Personal Injury Cases?
A wrongful death suit often requires proof that the deceased might have filed a personal injury claim had they lived. Simply put, the victim would have been able to file a personal injury lawsuit had he survived. Here are some examples:
- Manslaughter: If your loved one was killed in the act of violence, you might be entitled to sue for wrongful death. It would have been a personal injury case if the victim had lived. However, your case specifics may change the nature of the claim. Contact a wrongful death injury lawyer in Texas to know your rights.
- Medical Malpractice: A wrongful death lawsuit might be filed against a doctor if their wrongful actions cause the patient’s death. The deceased may have filed a personal injury claim had they survived the surgery. The purpose of a personal injury lawsuit is to force the doctor to answer for any harm they may have caused.
- Negligence: A truck driver may be liable for wrongful death if their disregard for safety rules causes an accident. The victim would have been eligible for financial compensation in case they survived. An accident victim may be entitled to compensation for their medical expenses, lost earnings, and other losses.
A victim’s family may file a wrongful death lawsuit in the event of many distinct accidents. Construction site accidents due to dangerous circumstances, product-related mishaps, and vehicular collisions that result in head trauma are all examples. You will need the assistance of a wrongful death injury attorney In Texas to understand the specifics of your case.
Suing another party for harm or loss of life might raise factual and legal questions beyond your understanding. Get in touch with a personal injury attorney and a wrongful death attorney in Texas to learn more about your legal options.
What Types of Damages Are Possible in a Texas Wrongful Death Case?
Under a Texas wrongful death lawsuit, the surviving spouse, children, and parents of the deceased are entitled to damages. To compensate for a variety of losses, damages in a Texas wrongful death case may include:
- Loss of income
- Loss of maintenance, service, care, and support
- Mental distress and emotional anguish
- Loss of kinship
- Lost Inheritance
Additionally, in a wrongful death lawsuit in Texas, exemplary damages ( known as punitive damages) are awarded if a willful act or negligence caused the decedent’s death. Punishing the criminal and discouraging others from participating in similar behavior are the goals of exemplary damages, not compensating the family for losses related to the death.
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Who Can File a Wrongful Death Claim in Texas?
The deceased’s estate may only be sued for wrongful death by the executor appointed in the will. The court will appoint one without a valid will or other estate planning documents that name a personal representative.
In addition, the claim must include a complete and accurate list of the decedent’s estate, surviving family members, and any other survivors with a stake in the matter. Family members who hold the legal right over compensation awarded are:
- Spouse of the deceased
- Children and parents of the deceased
- An adoptive sibling or a blood relative, either partly or wholly, a responsibility of the deceased
In special cases, the rules mentioned above might not hold, and the compensation might be awarded to another blood relative. For instance, a child born to an unmarried couple holds the right to be awarded in a wrongful death claim.
What Is the Time Limit for Filing a Texas Wrongful Death Claim?
The statute of limitations specifies how long you have to file a wrongful death lawsuit after a person’s death. For Texas, the deadline to file a wrongful death claim is two years, with exceptions that extend the limitation.
If your case has surpassed the two-year limitation, you might still have a chance at claim. Contact our personal injury attorney in Texas to discuss your legal rights.
Have Case-Related Questions? Talk to Our Attorneys!
If you believe your loved one’s death was caused by negligence and you wish to know if your wrongful death case is considered a personal injury, contact our attorneys at The Buzbee Law Firm.You might have the right to file a wrongful death lawsuit.