Wrongful
Death is a term defined in Texas state statute to be the legal action or claim
brought by a surviving spouse, child or children, and parents of the deceased
as a means of compensation for their losses that resulted from the wrongful
death of their family member. The
Texas Civil Practice & Remedies Code ensures that the family will be provided
for under the law. However, to
have a valid claim, the wrongful act that resulted in death could have been
intentional, reckless, or negligent as long as it is of the character that
would have permitted the decedent to maintain an action for injuries had death
not resulted.
The
law allows for a variety of damages in a wrongful death suit. Damages
include pecuniary loss of the care, maintenance, support, services, advice,
counsel, and reasonable contribution of a pecuniary value that had the decedent
survived, they would have received; the loss of companionship including consortium;
mental anguish; and loss of inheritance.
Additionally, there may be pain and suffering if the decedent lived
for sometime in pain before their eventual death.
The actual value depends on the specific of the case at hand but are seldom
obvious. Additionally, the attorney and the insurance companies
will not easily agree as to which of the two entities have the more valid
values.
Insurance
companies are most often the entity that pays the claim in a wrongful death
suit. They make an investigation
and then return their results. Once
they have determined the value they place on a claim, the negotiations begin.
The attorneys and the claims adjusters continue to negotiate until
a mutually agreed settlement is reached.
Some cases go further and the suit is actually filed however they are
often settled before the case is brought to trial.
It should be stated that even if a case does not go to trial, it could still
take a very long time before it is settled.
Though the wrongful
death process may take a long time, the right to bring a cause of action has
a time limit. The statute of
limitations for personal injury and wrongful death claims is two years from
the date the claim accrued or more commonly stated, the date of death.
To further complicate the timelines, expert and legal analysis must
be done prior to filing a lawsuit so the work must be done in advance of the
two year limit. Additionally,
when the defendant is a governmental entity there may be additional notice
requirements. The entity must
be put on notice far in advance of the two year requirement or the suit will
be dismissed. As with most legal cases, time is of the essence.
Wrongful
death is not an easily understood area of the law.
Should you think that you have a claim you should act quickly to ensure
that your are not foreclosed on asserting your claim. Seek legal counsel as
soon as humanly possible and determine if you have a valid claim.
The clock is ticking.
