Frisco Wrongful Death Lawyer

Wrongful Deaths Under Texas Law

Texas Civil Practice and Remedies Code Chapter 71 provides the framework for filing a wrongful death lawsuit in Texas. It describes who may bring the suit, what damages they may pursue, and which deaths are considered wrongful. All deaths are not wrongful under the law. Many times, people die from natural causes or acts of nature that are no one’s fault. Even deaths that are connected to the actions of other people are not necessarily wrongful. A wrongful death is any death that is connected to an unlawful act, neglect, carelessness, or unskillfulness. Examples of these include:

• Death by murder
• An at-fault car or truck accident that leads to a death
• Construction accidents
• Medical malpractice

All of these situations can lead to a wrongful death suit. The next concept needed to be considered is who may be the plaintiff. Texas’ statute also answers this question by naming a spouse, child, or parent as a potential plaintiff. The executor of the deceased’s estate may file a lawsuit for the injury leading to death, but only the spouse, child, or parent is able to file a wrongful death claim in Texas. In addition, anyone eligible beneficiary (the spouse, parent, or child) may file for all beneficiaries with the help of a proactive Frisco wrongful death attorney.

Forms of Compensation

Potential compensation for families can be separated into two main categories: Personal injuries before death and statutory damages because of death. Economic damages are all costs that are directly associated with the death. Let us consider a death from a car accident. In this case, the decedent was likely transported via ambulance to an emergency room. At the hospital, they may have undergone surgery in an attempt to save their life. Despite this, the decedent died. These costs are all considered economic before death. Another potential compensation is considered non-economic. This can include pain and mental anguish leading up to death. Oftentimes, these damages can be difficult to precisely calculate. Every case has its own precise group of facts and circumstances. These determine exactly how much compensation may be possible for the injury leading to death. Wrongful death damages are statutory damages that the spouse, children, and parents are suffering because of death. These include loss of companionship and society, mental anguish for the death, reasonable contributions that the decedent would have contributed to maintaining the beneficiary, and loss of potential inheritance. Discuss the forms of compensation available in a specific case during an initial meeting with a knowledgeable wrongful death lawyer in Frisco.