When Are Wrongful Death Claims Permitted?
Wrongful death and survival actions are typically permitted if the lost person’s death was caused by another person or company’s carelessness, lack of skill, negligence, or wrongful acts.
For example, if an 18 wheeler truck driver causes an accident that kills your family member, the driver and his employer may be liable. The same is true of product and drug manufacturers, vessel owners, oil companies, refineries, and other corporations that cause or contribute to personal injury deaths.
Generally, a wrongful death and survival action exists if the lost person would have had a valid personal injury claim had he or she lived.
The most common basis of wrongful death claims is negligence. Negligence is when the defendant did not exercise the level of care a reasonable person would have exercised under the circumstances. There are a variety of different kinds of negligence. A few examples include:
- negligent product design, warnings, instruction, and manufacturing
- negligent operation
- negligent supervision and training
- poor maintenance
- safety violations
Morrow & Sheppard Will Help Evaluate Your Wrongful Death Claims
Morrow & Sheppard are experienced Houston wrongful death lawyers. We are based in Texas but handle cases nationwide. We work diligently to identify all available avenues for recovery.
Common Questions
References
Texas Civil Practice & Remedies Code § 71.021; Shepherd v. Transamerican Natural Gas Corp., 962 S.W.2d 28, 41 (Texas Supreme Court 1998) (stating personal injury plaintiffs/surviving family member could bring or could have brought wrongful death and survival actions for medical malpractice an drilling rig death accident if they did or had proven they were spouses of the lost person).
