Wrongful Death Lawyer

John T. Flood is an attorney in Corpus Christi, TX who focuses on wrongful death cases. Call (361) 654-8877 today for a free initial case evaluation.

Unfortunately, it is a reality that innocent victims are killed due to the negligence and recklessness of others. While nothing can replace a loved one, wrongful death claims can help ease financial burdens during times of hardship and loss and ensure the tragedy that happened to your family doesn’t hurt anyone else.

What is Wrongful Death?

A wrongful death claim is a lawsuit brought against a defendant accused of causing another person’s death through a negligent, willful, or wrongful act or omission. Should a criminal case prove unsuccessful, a wrongful death civil lawsuit can help victims recover financially from the responsible parties.

In any case where the plaintiff can prove the defendant directly caused the death of another due to its negligence or intentional act, the plaintiff should be able to maintain a cause of action. Wrongful death lawsuits can be brought against organizations, business entities, or government agencies responsible for an individual’s death.

Who Can File a Lawsuit?

Surviving children, spouses, and parents are entitled to bring a wrongful death lawsuit in Texas; however, grandparents and siblings are not. Surviving children can file a claim even if they are over age 18. Texas law does not specify which of the approved family members has to file the suit; and, the family can choose to file the suit together.

Texas law states that if surviving family members do not file a suit within three months of a death, the executor of the deceased’s estate may file the claim on behalf of the estate.

Families and loved ones of victims experience an immense amount of pain and are often left with unexpected financial burdens. Damages awarded in these type of lawsuits could cover the following financial loads left to families and loved ones:

• Medical bills
• Funeral and burial expenses
• Lost wages and benefits
• Pain and suffering

While no amount of money can compensate you for the loss of a loved one, it can help alleviate stress and also hold the responsible party accountable for their actions.

Corpus Christi Wrongful Death Attorneys

Due to the complex nature of these cases, an experienced and competent trial attorney is crucial to the success of the claim. The guidance and support of an attorney like John Flood to families and loved ones during hard times is necessary for navigating the uncharted waters associated with wrongful death claims. Families and loved ones of victims have already suffered enough due to the unexpected and sudden loss of a loved one. They should not have to suffer further due to inadequate legal representation. 

If a loved one was the victim of a death caused by the fault of another, contact Corpus Christi attorney John Flood today. Call our office at (361) 654-8877 for a free initial case evaluation. 

Frequently Asked Questions About Wrongful Death

Who can sue for wrongful death in Texas?

In Texas, wrongful death lawsuits can be filed by only certain members of the deceased’s family, including the surviving spouse, the children, and the parents of the decedent. A surviving spouse can be a common law spouse. Either formal or common law spouses can still maintain a lawsuit even if the parties were separated at the time of the wrongful death. In some cases, an adopted child can file a claim if the adoption was finalized and legal. The personal representative of the estate of the deceased can also file a claim.

How are wrongful death proceeds divided in Texas?

Texas Civil Practice and Remedies Code 71 gives adult beneficiaries the chance to work out an arrangement among themselves regarding how wrongful death proceeds will be divided. These adult beneficiaries can decide how to split the proceeds; however, should they be unable to agree, a lawyer may intervene to help divide the proceeds fairly. If a wrongful death claim in Texas goes to trial, a jury or the court will decide who will receive how much. Jurors typically give the most compensation to surviving spouses.

How do you prove wrongful death?

Negligence must be proven in a wrongful death claim, which means someone did something they shouldn’t have or did not do something that they should have done. There are four elements that must be proven, including:

1. A legal duty was owed.
2. That legal duty was breached.
3. The breach of that duty caused the wrongful death.
4. The death resulted in measurable damages to those filing the lawsuit.

What damages are awarded in a wrongful death lawsuit?

Damages awarded in a wrongful death lawsuit are designed to compensate the family members for their losses from losing a loved. The types of damages that are recoverable vary and often depend if the plaintiff is a surviving spouse, a parent, or a child. The most common wrongful death damages include:

• Lost earning capacity
• Loss of companionship, society, comfort, and love
• Lost household services
• Lost inheritance
• Mental distress, emotional pain, and anguish
• Punitive damages