Types of Wrongful Death Cases

Losing a loved one is already a painful experience, but the situation can be made much worse when the death is caused by the negligence or intentional act of another party. In these cases, the surviving family members may be able to file a wrongful death lawsuit to hold the responsible party accountable and seek compensation for their losses. However, in Texas, some specific rules and regulations govern these cases, and you must meet the state’s requirements outlined in the Texas wrongful death statute before the court hears your case.

At McKinney Vos, we understand the devastating impact that wrongful death can have on your family. That's why we're committed to providing compassionate and effective legal representation to those who have lost loved ones due to the actions of another party. In this blog post, we'll go over the types of wrongful death cases that can arise, who can file a wrongful death claim in Texas, and the wrongful death damages that may be available to you.

Types of Wrongful Death Cases

Wrongful death cases can arise from a variety of situations, including:

1. Car accidents: When a driver's negligence causes a fatal car accident, the surviving family members may be able to file a wrongful death claim.
2. Medical malpractice: If a healthcare provider's negligence results in the death of one of their patients, the patient's family might have the option to file a wrongful death claim.
3. Defective products: If a defective product causes a fatal injury, the surviving family members may be able to pursue a wrongful death claim against the product’s manufacturer or seller.
4. Workplace accidents: If an employer's negligence causes a fatal workplace accident, the surviving family members may be able to pursue a wrongful death claim.
5. Criminal acts: If someone intentionally causes the death of another person, the surviving family members may be able to pursue a wrongful death claim in addition to any criminal charges eligible to be filed.

Who Can File a Wrongful Death Claim in Texas?

In Texas, the right to file a wrongful death claim is reserved for only certain family members of the deceased. The following are some of the people who may be eligible to file a claim:

1. Spouses: The deceased's surviving spouse has the first right to file a wrongful death claim.
2. Children: If there is no surviving spouse, the deceased's children may be able to file a claim.
3. Parents: If there is no surviving spouse or children, then the deceased's parents may be able to file a claim.
4. Executors: If none of the people listed above are available or willing to file a claim, the executor of the deceased person’s estate may be able to file on behalf of the estate.

Unfortunately, stepchildren, stepparents, and siblings are generally not allowed to file a wrongful death claim in Texas, even if they were financially dependent on the deceased.

Texas Survival Damages

In addition to wrongful death claims, Texas also allows for survival claims. These claims are brought on behalf of the deceased's estate and seek compensation for damages the deceased would have been able to pursue had they survived.

Survival damages may include:

1. Medical expenses incurred before death
2. Lost wages and earning capacity
3. Physical pain and suffering
4. Mental and emotional anguish
5. Funeral and burial expenses

Survival claims are distinct from wrongful death claims, but they can be pursued simultaneously in some cases. Working with an experienced attorney who can help you navigate the legal complexities and maximize the compensation available to you is essential to recovering what you deserve.

Compassionate Legal Representation for Wrongful Death Cases

At McKinney Vos, we understand that no amount of money can truly compensate for the loss of a loved one. However, pursuing a wrongful death claim can help hold the responsible party accountable and provide some measure of financial security for the surviving family members. Our attorneys, Jessica McKinney and Bailey Vos, have extensive experience handling wrongful death cases and are dedicated to providing compassionate and effective legal representation to our clients.

At McKinney Vos, we believe that every family deserves justice and compensation when a loved one has been wrongfully killed. We understand that the aftermath of a wrongful death can be overwhelming and emotional, which is why we offer compassionate and personalized legal representation to each of our clients. We take the time to listen to your story and understand your unique circumstances and work tirelessly to build a strong case on your behalf.

If you've lost a loved one due to the negligence or intentional act of another party, we encourage you to contact our law firm today to schedule a free consultation. During this consultation, we'll discuss the specifics of your case and help you understand your legal rights and options.

At McKinney Vos, we're committed to providing the highest level of legal representation to our clients, and we'll fight tirelessly to help you achieve justice and compensation for your losses. Contact our wrongful death attorneys today to learn more about how McKinney Vos can help you and your family during this difficult time.