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Wrongful Death

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A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, rather it is the family members or the decedent's estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death.

To file a wrongful death suit in Texas, you must show either that:

1.The person caused the death by his wrongful act, neglect, carelessness, unskillfullness or default. or

2. (a) The person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach, or other vehicle for transportation of goods or passengers; and (b) The injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfullness, or

3. (a) The person is a reciever, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and (b) The injury was caused by the person's wrongful act, neglect, carelessness, unskillfullness, or bold or unsafe condition under the person's control or operation, or

4. (a) The person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or utility plant, or of other machinery; and (b) The action could have been brought against the owner of the railroad, street railway, or other machinery if he had been acting as operator. Tex. Civ. Prac. & Rem. Code § 71.002

Texas law makes a distinction between persons who can file a wrongful death suit and persons who are beneficiaries. Only certain individuals can file wrongful death claims, and those that are allowed to sue do so on behalf of others. In Texas, a surviving spouse, child, parent or guardian may file a suit on behalf of the surviving spouse, children or parents. Tex. Civ. Prac. & Rem. Code § 71.004 Siblings of the decedent do not have the right to bring a lawsuit. See Castillo v. Hidaglo County Water District, 771 S.W.2d 633 (Tex. App. - Corpus Christi 1989). If the surviving spouse, child or parent, does not file a wrongful death suit within three months after the decedent's death, his executor or administrator will file a lawsuit unless requested not to by the surviving spouse, child or parent. Tex. Civ. Prac. & Rem. Code § 71.004 .

In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call Rochelle, Hutcheson & McCullough, L.L.P. now at (214) 953-0182 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.