When is a Death a “Wrongful Death?”
Every death is a tragedy to the family who has suffered a loss. But some deaths are considered – by state law – to be “wrongful.” What makes it a wrongful death? The person died as a result of the gross negligence, malicious intent, or fraud of another person or business. In these cases, Texas law allows surviving family members to bring a wrongful death claim and if negligence can be proven, to receive compensation.
The Dallas wrongful death lawyers at Ted B. Lyon & Associates represent the interests of grieving families who have lost a loved one. In our 50 years serving clients in the greater Dallas area, we have handled hundreds of wrongful death cases – from investigation through negotiations and in trial court. We fight to ensure our clients receive the compensation they need and deserve.
If you think you have a wrongful death case, call our office at 877-833-5966 to speak with an experienced Dallas wrongful death lawyer. We can advise you of your rights and whether you may have a valid claim.
Gross Negligence in a Wrongful Death Case
Negligence is a failure to take proper care. We’re all guilty of acting negligently sometimes. But gross negligence goes beyond. It’s when that lack of care is conscious and in reckless disregard for the health and safety of others.
- It’s not just looking away from the road for a moment. It’s a driver texting on their phone, or speeding through a school zone, or driving drunk.
- It’s not just a bad outcome of a surgery. It’s leaving cotton padding in a patient after surgery or giving a patient the wrong dose of a medication because the provider failed to follow proper procedures.
- It’s not simply that a person fell at a business property. It’s the fact that the property owner knew there was a danger and failed to take correct it or to warn people.
Would a reasonably careful person have acted in that way? In the case of gross negligence, the answer is no.
Malicious Intent in a Wrongful Death Case
There are times when a person dies from injuries that were purposely inflicted on them. For example, if a daycare provider shakes a child, or a nursing home employee assaults a patient, or in an instance of road rage if a driver pushes another’s car off the road.
These may be tried as criminal cases. But even if the criminal case can’t be proven, a wrongful death case may still be successful in court. That’s because the proof needed to bring a civil case is less than what is needed in a criminal case. A wrongful death case requires “a preponderance of the evidence,” not proof “beyond all reasonable doubt.”
Fraudin a Wrongful Death Case
Fraud is intentional deception or misrepresentation to hide wrongdoing. It could be a business hiding information about a defective product or faulty drug. It could be a medical provider hiding an error made in treatment that resulted in a death.
Who Can Bring a Wrongful Death Claim?
Under state law, only a surviving spouse, children and parents of the deceased can bring a wrongful death claim. If there are no such family members, or they fail to bring a claim within three months of the person’s death, the executor of the person’s estate can file a claim, unless the family says not to do so.
Any financial award the executor recovers is divided among the beneficiaries of the estate. So, while siblings and grandchildren cannot file a wrongful death claim, they could be beneficiaries of the estate and inherit a portion of the award.
Regardless of who files the wrongful death claim, it must be done within two years of the death.
Financial Recovery in Texas Wrongful Death Cases
There are three kinds of financial recovery in wrongful death cases:
- Economic recovery, which is compensation for current and future financial losses, including medical, funeral, and burial costs.
- Non-economic recovery is compensation for intangible losses.
- Exemplary damages may be awarded by the court to punish a guilty party for wrongdoing. Exemplary damages are capped under Texas law at $200,000, or twice the amount of economic and non-economic damages (not to exceed $750,000). But that cap does not apply in all cases, particularly if a crime was involved.
What Damages are Available for Specific Surviving Family Members?
- Parents for wrongful death of a child: Parents can be compensated for the loss of companionship and mental anguish caused by the wrongful death of a child, whether the child is an adult or under 18 years of age. Parents may recover the monetary value of a minor child’s services to the family until they would have reached the age of 18, minus the cost of support. Parents can also recover the value of financial contributions the child might have reasonably been expected to make to them after age 18.
- Children for wrongful death of a parent: Children under 18 years of age can be compensated for the value of financial support their parent would have provided for them until they reached the age of 18. Minor children and adult children can be compensated for prospective contributions their parent may have made to them in adulthood. They may also be compensated for loss of parental guidance, loss of companionship, and mental anguish.
- Surviving spouse for wrongful death of a spouse: A surviving spouse can recover money for the expected financial contribution their spouse would have made over the course of their marriage, as well as the value of services they provided to the family. The spouse can also be compensated for loss of companionship and mental anguish.
Will You Need to Go to Court?
Insurance companies have their own methods for valuing a wrongful death claim. You may or may not feel that their valuation is correct. Before you accept a settlement offer, talk with an experience wrongful death lawyer so you have a good understanding of the potential value of your claim.
In cases where the negligent behavior of the person at fault was egregious, a jury may award more than the insurer would provide, including exemplary damages.
A wrongful death settlement can be paid in two ways:
- As a lump sum payment
- As a “structured” settlement where beneficiaries receive payment in installments over a period of time
If underage children are among the beneficiaries, a trust will need to be set up in their name. They cannot receive the award directly.
When considering how you would like a settlement to be paid out it may be helpful to know that the portion of the settlement that is paying for economic damages is excluded from taxation. But non-economic damages (pain and suffering, loss of companionship, etc.), and exemplary damages are taxable.
Call for a Free Consultation with a Dallas Wrongful Death Attorney
Schedule a free initial consultation with a truck accident attorney: 877-Ted-Lyon / 877-833-5966 or contact us by email. Our law firm handles all wrongful death cases on a contingency fee basis. That means we only earn a fee if we win your case.
We can accommodate home or hospital visits and provide legal services in English and Spanish.
Our law firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and ethical standards.
