When a person’s death is caused by another’s negligence or wrongful conduct, Texas Law allows an action for wrongful death to be brought against the negligent defendant by the family of the deceased. In a personal injury lawsuit, the injured plaintiff seeks compensation for the damages caused, such as medical expenses and lost wages. In the case of wrongful death, the injured plaintiff is the surviving family member. The compensation that is sought is therefore related to the harm suffered by the family. These damages include economic damages such as funeral or burial expenses, the loss of future earnings the deceased would have provided to the family, the loss of companionship, and the pain and suffering experienced by the family.

If the act or omission which caused the death was willful on the part of the defendant or involved gross negligence, then exemplary or punitive damages may also be appropriate. An award of exemplary damages serves to punish the defendant for such reckless behavior and serve as a reminder to others of the consequences of such conduct. The amount of exemplary damages which may be awarded is related to the state of the defendant’s finances as well as the egregious nature of the conduct involved.

Survival Actions

A wrongful death action should be distinguished from a survival action. A survival action may be brought the family or heirs of the estate on behalf of an individual who was injured in an accident but later died before he or she was able to file a personal injury lawsuit. In this case, the damages recoverable are those which were suffered by the deceased, such as medical expenses, lost wages, and the pain and suffering which was experienced. The personal injury action is said to “survive” the death of the injured party. Similarly, if the defendant has died as well, the family may bring a lawsuit against the defendant’s estate.

Wrongful death and survival actions can be complicated and time-consuming cases, and they are often strenuously fought by the defendant’s insurance company. Successfully maintaining these cases requires a lawyer who is not only skilled in negotiation and litigation, but who understands the distinctions between the different types of actions and how each case must be proved in order to succeed. For instance, the statute of limitations requires that a wrongful death action be filed within two years from the date of death, but a survival action must be filed within two years of the accident causing the initial injury. Misunderstanding the applicable statute of limitations can be devastating to one’s case.

Seek Experienced Legal Representation

If you have a legal matter pertaining to the above practice areas and need an experienced attorney, contact Young & Newsom, PC for a free initial consultation (available on only certain matters). Mr. Young is personally involved in each client’s matter and is devoted to comprehensive client support for the duration of each matter.

Young & Newsom, P.C. has its principal office in Amarillo, Texas.