Wrongful death occurs due to another entity’s negligence or wrongful act. It’s also a death that could have been prevented if not for someone else’s careless behavior.
In Texas, a wrongful death has occurred if it is the result of an injury caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person. An easy way to determine whether a death is considered wrongful is to consider whether, had the victim survived, they would have been entitled to compensation in a personal injury claim.
If you have lost a loved one due to negligence here in Houston, you may be able to file a wrongful death lawsuit in Texas. In Texas, a wrongful death occurs when:
- An injury causes a person’s death or to not be born alive.
- Someone’s wrongful act or negligence causes the death, and survivors of the deceased person suffer damages due to the death.
- The injured person would have been entitled to a personal injury settlement had they lived.
A sudden and preventable death of a loved one is a loss that no family should have to endure. At The Mejia Law Firm, we have seen time and time again how a person’s unexpected death can completely alter the emotional and financial stability of their surviving family members. However, Texas law has requirements about who can file a wrongful death lawsuit.
What Events Can Result in a Wrongful Death? Types of Wrongful Death Claims
We’ve already established that wrongful death is a type of personal injury claim.
However, what wrongful events can cause death? A wrongful death may arise out of virtually any type of injury-causing incident. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries have been the leading cause of death since 1981.
In Texas, the following fatal events may warrant the filing of a wrongful death lawsuit:
- Motor Vehicle Accidents: Car, motorcycle, and truck crashes are the leading causes of wrongful death, according to the Centers for Disease Control (CDC). If you have lost a loved one in a fatal car accident caused by someone else’s negligence, you may be able to file a wrongful death lawsuit.
- Medical Malpractice: If your loved one died due to a doctor’s or hospital’s negligence, you might be able to file a wrongful death lawsuit. Every year, approximately 98,000 people lose their lives to medical errors; however, that same Yale School of Medicine study suggests that the number is much higher at around 250,000.
- Workplace Accidents: If your loved one was killed while on the job in Houston or elsewhere in Texas, you may be able to file a wrongful death lawsuit against their employer. Workplace accidents can occur for several reasons, including unsafe work conditions, defective equipment, or employer negligence.
- Intentional Acts: If your loved one was killed due to someone else’s deliberate actions, such as a crime, you might be able to file a wrongful death lawsuit.
Wrongful deaths are not limited to the above examples of accidents. If you believe that your loved one would still be here had it not been for the negligent or reckless actions of another person or entity, contact The Mejia Law Firm as soon as possible. We’ll meet with you in a no-cost, no-obligation setting to answer any and all questions you have about your legal options for a family member’s preventable death.
Is a Wrongful Death Different From a Homicide?
One of the key differences between a wrongful death case and a criminal homicide charge is that the defendant’s liability is restricted to financial damages paid to the deceased person’s survivors in a successful wrongful death suit. Criminal charges like homicide carry penalties such as potential jail time or probation instead of only fines (as is the case in a civil case).
The most significant difference between a criminal homicide case and a civil wrongful death lawsuit is that the government needs to prove guilt beyond a reasonable doubt in the former. However, in a civil case, the plaintiff only has to show that it’s more likely than not that the defendant caused said death.
In the worst-case scenario, one event may lead to criminal charges and a civil lawsuit for wrongful death: A person may be sued for intentional or negligent death in civil court while being charged with criminal misconduct connected to the same Houston death.
The Mejia Law Firm Is a Compassionate Advocate for Texas Families
We would be honored to help you pursue a sense of justice on behalf of your family member. For an opportunity to discuss your loved one’s life, discover the legal actions you may be entitled to take, and find out answers to complex questions like “What is wrongful death?”, please contact us at your earliest convenience.
We’ll schedule you for a completely free consultation with a knowledgeable and compassionate attorney. We take most cases on a contingency fee basis.