Wrongful Death

Texas Civil Practices & Remedies Code Section 71.001 - 71.020 (the "Wrongful Death Act") establishes a cause of action for certain close relatives of a person who dies as a result of the "wrongful act or neglect" of another.  These relatives include the surviving spouse, children and parents of the deceased.  The statute allows these relatives to recover damages on their own behalf for the loss they have sustained because of the bodily injury victim's death.  This is a separate and distinct cause of action from that of the victim's.  The victim's cause of action can only be brought by the victim's estate.

The statute of limitations for a wrongful death claim is two years from the date of the victim's death.  

Damages recoverable under the Wrongful Death Act include pecuniary losses to the beneficiaries, such as loss of inheritance and non-economic damages to compensate for the losses caused by the destruction of the familial relationship.  The measure of recover is the monetary value of the benefit that the plaintiff reasonably expected to receive from the decedent had he or she not been killed.  Pecuniary loss in a wrongful-death case is not subject to precise mathematical calculations; the jury is given significant discretion in determining this element of damages.

The Plaintiff may also recover for the past and future loss of companionship and society as a result of the death of the deceased, which is defined as "the loss of the positive benefits flowing from the love, comfort, companionship, and society that [the Plaintiff], in reasonable probability, would have received from [the decedent] had he lived. Moore v. Lillebo, 722 S.W.2d 683 (Tex. 1986). 

The Plaintiff may also recover for for her own past and future mental anguish as a result of the decedent's death, which is defined as "the emotional pain, torment, and suffering experienced by [the Plaintiff] because of the death of the [the decedent].  Roberts v. Williamson, 111 S.W.3d 113, 120 (Tex. 2003).

In situations where the death is caused by the willful act, willful omission, or gross negligence of the defendant, exemplary damages (i.e, punitive damages) may be recovered.  Wrongful death claimants can also recover the reasonable expenses incurred for the decedent's burial and funeral services.

Andrew Heilala is a Wrongful Death Attorney in Austin, Texas.