What Qualifies as Wrongful Death?

Are you grieving the loss of a loved one due to someone else’s error or deliberate action? Is there a company or individual denying their role in your loved one’s death?

A wrongful death, whether intentional or accidental, can leave emotional scars beyond measure. We can’t put a monetary value on losing a loved one as a result of a wrongful death. However, seeking justice for this tragic event can bring closure to you, and it can help to know that the one responsible for your loved one’s death has paid the price for their error.

Why Choose Us?

When you approach us to handle your wrongful death lawsuit, we will work side by side with you to ensure that we understand your case correctly. Not only are we here to get what is owed to you and your family, but we will strive to be a source of comfort during this difficult time.

Our founder and managing partner, Terry Bryant, opened his firm to focus on accident and injury law, so he can help his clients receive the compensation and justice they deserve. We have a courageous and dedicated team ready to jump in and assist you. You can count on us to use our extensive knowledge and experience to help get you the best possible recovery.

Experience

Terry Bryant served as a Municipal Judge in Spring Valley Village for 22 years. As a result, he has a unique perspective on Texas law. At our firm, we also understand that grieving family members need a strong representative to tell their stories.

Our team also consists of Gregg Anderson, Steve Waldman, Josh Mintz, and other experienced attorneys who are passionate about helping victims and their surviving family members.

Courage

We are ready to seek justice no matter how big the opposing party is. We have taken on large insurance and pharmaceutical companies and come out victorious. At Terry Bryant Accident & Injury Law we take pride in our courage to fight for your rights. Our attorneys will never shy away from a case that seems too daunting.

Reputation

We have helped many clients with their wrongful death lawsuits and left them 100% satisfied. Terry Bryant Accident & Injury Law has recovered over $1 billion since 1985, and the amount continues to rise as we bring closure to countless surviving family members.

We are here to build long-lasting relationships, so you can call on us whenever you need our services. You can view our remarkable recoveries and see for yourself that we are dedicated to our clients.

Certification

Terry Bryant is a Board Certified attorney, which means he is part of a prominent group of lawyers who have received a certification of special competence from the Texas Board of Legal Specialization (in Personal Injury Trial Law). This certification marks Mr. Bryant as a highly proficient and qualified attorney. You can place your trust in his knowledge, skills, and expertise in law.

Since November 2011, Terry Bryant has been a Better Business Bureau Accredited Business. We have also received several awards from the Better Business Bureau – evidencing our focus on providing great service.

Dedication

When it comes to a wrongful death lawsuit, we go the extra mile to build a compelling case. We will not take shortcuts or ignore the evidence. Our attorneys are here to evaluate every aspect of your case to deliver a comprehensive argument on your behalf. No matter how many hours are required, we will work hard to pursue your claim from every angle.

Terry Bryant’s No Fee Guarantee®

We understand that many people are reluctant to call an attorney to assist with their wrongful death lawsuit because they are concerned about what it will cost. For this reason, we offer a No Fee Guarantee®. This means that you can pay us once your case is settled. We will only charge you if we have a successful recovery for your wrongful death claim (or survivor action, as applicable).

We want you to get the closure and justice you deserve. The cost of hiring an attorney should not prevent you from filing a wrongful death lawsuit. We will give you 100% effort throughout our representation.

If you would like to start your journey to seek justice, please call us now at (713) 973-8888 or toll-free 1 (800) 444-5000. 

The Elements of a Wrongful Death Case

Terry Bryant Accident & Injury Law is here to assist you with your wrongful death lawsuit. But before starting the process, it helps to understand what qualifies as wrongful death.

A wrongful death is when someone dies because of someone else’s negligent, reckless, or intentional conduct. Many things may indicate that a wrongful death has occurred, so legal action can also take many forms.

A wrongful death lawsuit may bring some relief and assistance to the eligible survivors of the deceased. They are known as the “real parties in interest.” The eligible survivors may file a claim called a survivor’s action. They may file a lawsuit against the person who caused the death, a company the deceased may have been working for if the death occurred on company time, or even a manufacturer of some product that played a role in the person’s death.

The immediate family of the deceased may file the lawsuit. The immediate family includes the spouse, children, and parents of the person who passed away.

To qualify as a wrongful death lawsuit, certain elements must be met in any situation:

• There must be an action that led to the death.
• The person who committed the act must have had a duty to prevent the death and breached the duty by committing the action.
• The survivors must have been harmed by the death.

The survivor(s) will have to show that these elements are met.

Examples of What Is Considered a Wrongful Death

While we have outlined the cause for a wrongful death lawsuit, we understand that every scenario is unique. You may wonder if your situation falls into the category of wrongful death.

Here are a few examples of successful wrongful death recoveries.

Failure to Care for an Individual Admitted to a Medical or Nursing Home Facility

A patient is admitted to a hospital after suffering a serious injury or sickness. The doctors have diagnosed the cause of the injury or illness and prescribed medication accordingly. However, a hospital staff member administers the incorrect dose of a strong or paralyzing drug, leading to the patient’s death.

A hospital is legally obligated to implement certain procedures to prevent administering the incorrect dose or type of drug. Perhaps the wrong medication or dosage was administered due to incorrect labeling or handling. The fault falls on the hospital since the patient’s death is the direct consequence of hospital negligence. A surviving family member can claim on the basis of wrongful death if we can find substantial evidence to prove that the hospital was at fault.

Defective Products

A customer dies due to a defective or damaged piece of furniture from an established furniture company. If there is evidence that the piece of furniture failed to meet the required manufacturing standards or that incorrect assembly instructions were issued with the product, the surviving members can sue the furniture company.

Once the company pays the settlement, it will also have to recall other possible defective products or issue the correct instructions to assemble the item of furniture in question.

Dangerous Working Environment

A worker develops a fatal illness or injury while on the work site and dies as a result of an unsafe work environment. While most occupations have their risks, it is the employer’s responsibility to counteract those risks by enforcing health and safety regulations. An employer must provide functional equipment, protection against chemical exposure, adhere to all Occupational Safety and Health Administration regulations (OSHA), and ensure a safe working environment. If the employer fails to adhere to these regulations, it will result in a lawsuit.

The surviving members can file for a wrongful death lawsuit if there is evidence that OSHA regulations were violated, resulting in their loved one’s death.

Actions of Police or Correctional Officer

A person is arrested for intoxication and placed in jail. The person arrested dies in the jail cell due to a drug overdose which occurred in the presence of police officers. There is evidence to suggest that the officers were aware of the situation and were too slow to call for medical assistance. The family of the deceased can file a wrongful death lawsuit if they believe that the correctional officers did not provide adequate supervision or medical assistance.

Texas Law and Wrongful Death Lawsuits

Texas has a statute that speaks to wrongful death claims in Chapter 71 of the Civil Practice & Remedies Code. The statute addresses what constitutes a wrongful death, who may file a claim, what one can recover, and other issues regarding wrongful death actions.

The statute notes that a wrongful death claim can arise when a person has caused someone’s death through:

• A wrongful act – any action, error, or omission that violates the law. This could include intentional conduct like murder or speeding or accidental conduct like reckless driving, as long as these acts lead to the death of an individual.
• Neglect and carelessness – essentially, accidental conduct that does not violate a law in the state but causes the death of an individual.
• Lack in skillfulness – One could infer a lack in skillfulness in neglect and carelessness, but skillfulness implies a professional standard. Medical malpractice could be an example of lacking in skillfulness. Another example is a product liability issue where a company’s failure to make a safe, functioning product caused someone’s death.

Any of these acts could allow Texas courts to hear a wrongful death lawsuit.

The survivors of the victim of a wrongful death can sue any actor believed to have caused the death. This could be an individual or a company.

When Can You Sue a Company for Wrongful Death?

When an employee of a business causes the death of another person during their employment or within the scope of their employment, the survivors of the deceased may sue the company for wrongful death. This is covered under 71.002(b) of the Texas Civil Practice & Remedies Code. A person may be liable if the death is caused by the “agent or servant.” This could refer to an employee of a company, like a delivery person or bus driver.

The statute speaks specifically to those involved in mass transportation in a separate section, but any business could be liable if their employee causes someone else’s death.

The phrase “scope of their employment” is very important in these cases. If a delivery driver is on an errand for his family while using the company van, rather than delivering products, and he hits and kills someone, the company may not be liable.

Who Can Bring Action to Recover the Damages of Wrongful Death?

According to 71.004 of the Texas Civil Practice and Remedies Code, the following people can sue any party for the benefit of all survivors:

• Spouse of the deceased
• Children of the deceased
• Parents of the deceased.

An executor or administrator of the deceased’s estate (with permission from the surviving family members) can also file a wrongful death claim.

The surviving members entitled to bring action must do so within three months of the wrongful death.

To Whom are the Wrongful Death Settlements Paid Out?

Once the wrongful death is settled successfully, the party at fault will pay the full value of the settlement to us. We, as your attorneys if hired, will deduct our fees and send the remaining amount to the survivors as agreed upon. The settlement can also be paid to the executor of an estate or the sole beneficiary.

Is it Easy to Win a Wrongful Death Lawsuit?

A wrongful death lawsuit can be difficult to prove if there is insufficient evidence. We will need to gather all the evidence to build your case and develop a compelling argument. To increase our chance of success, we may need to call on witnesses. It may take time to investigate the case, so it is not reasonable to expect instant results. We analyze the evidence thoroughly. Doing so will build a strong and convincing case.

What Damages Are Recoverable in Texas in a Wrongful Death Lawsuit?

Damages Are a Factor in a Wrongful Death Lawsuit

The costs of the death of a loved one are staggering, not simply in financial terms but in personal, physical, and emotional losses. Recovery for damages will help the decedent’s survivors pay for expenses related to the death, to recover wages that they lost because the wage earner has died, and to partially compensate for the devastating personal loss. In some cases, other damages are available.

Economic Damages

Recovery for economic damages includes recovery for the loss of income of the deceased. Additionally, the survivors may seek payment for burial services or related costs. The recoverable losses can include things other than just wages that the deceased may have earned. Possible damages include:

• Lost wages
• Lost benefits, such as medical insurance or retirement
• Loss of inheritance of the deceased
• Loss of the “goods and services” from the deceased.

Non-Economic Damages

This type of recovery refers to things that are unquantifiable, like putting a price tag on the love you had for the deceased. The court will try to reach an appropriate dollar amount that will compensate people for:

• The pain and suffering of the survivors
• The loss of guidance and association the deceased would have provided family members
• Loss of “consortium,” which is the companionship to a spouse.

Exemplary Damages

In most states, exemplary damages are known as punitive damages, covered in Chapter 41 of the Texas Civil Practice & Remedies Code. These damages are awarded in cases where there may have been gross negligence, recklessness, or an intentional act. Punitive damages are intended to send a message and to further compensate the survivors when an unconscionable action led to the death of a loved one.

There is a cap on exemplary damages in Texas. The law caps recovery at the larger of $200,000 or twice the amount of economic damages plus an equal amount of non-economic damages, up to a maximum of $750,000.

Recovery is an important element in determining what qualifies for a wrongful death lawsuit. Without damages, there may be no recovery or compensation for the losses, and so no lawsuit.

Contact an Experienced Personal Injury Attorney Today

If you have lost a loved one due to someone else’s recklessness, carelessness, or their wrongful action, you could be entitled to recover damages under Texas law. Your case may qualify as a wrongful death lawsuit if you lost financial or emotional support your loved one provided.

An experienced wrongful death lawyer on our team can help. Call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000, or contact us through our website.