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WHO MAY BRING A CLAIM WHEN SOMEONE IS KILLED?

Who May Bring A Claim When Someone is Killed?When someone is killed and it was the fault of another person or company Texas law allows certain family members to file suit for wrongful death. These family members include the decedent’s spouse, children, and parents. No one else may bring a claim. Grandparents, siblings, foster parents, and other relatives are not entitled to bring a wrongful death claim, no matter how close they were to the decedent or financially dependent upon him they were. Stepchildren and stepparents of the decedent may not bring a wrongful death claim unless there had been an adoption. The wrongful death claimants may sue for their mental anguish, pecuniary loss (such as loss of care, maintenance, support, services, advice, counsel and monetary contributions they would have received from the decedent if he or she had lived), loss of companionship and society, and loss of inheritance.

The decedent’s estate also has what is known as a survival claim. This is a claim for the pain and mental anguish the decedent suffered before death, medical expenses for treatment of the decedent’s injuries, and funeral and burial expenses. Any money recovered by the estate in a survival claim will be distributed according to the decedent’s will or, if there is no will, then to the decedent’s heirs under the Texas law of intestacy.

When a person is killed by another’s negligence and a close relative witnesses the event, that relative may have what is known as a bystander claim. Generally Texas law requires that 1) the person was near the scene of the accident, 2) the shock to the bystander resulted from a direct emotional impact from observing the accident, and 3) the bystander was closely related to the decedent. An example would be a fatal car wreck where a passenger witnesses the death of a relative.

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Who has a claim when someone is wrongfully killed

When a person is wrongfully killed in Texas due to the fault of another person, company, or a defective product the law provides two types of claims that may be brought. The first is a wrongful death claim which may be brought by the surviving spouse, parents and children of the deceased. Siblings and other relatives may not bring a claim. The damages that may be recovered in a wrongful death claim include pecuniary loss (loss of the care, maintenance, support, services, advice, counsel, and contributions of a monetary nature that the survivor would have received from the decedent), loss of companionship and society (such as loss of love, comfort, and companionship the survivor sustained), mental anguish (emotional pain, torment, and suffering), and loss of inheritance. Of course the person bringing the wrongful death claim will have to have evidence of these damages. Although it is virtually impossible to put a dollar value of some of these things, juries in wrongful death cases are asked to do so.

The second type of claim that may be brought in Texas when someone is wrongfully killed is a survival claim. This claim may be brought by the estate of the deceased or a representative of the estate. The damages that may be recovered include the pain and mental anguish that the decedent experienced before his death, medical expenses for the treatment of the decedent’s injuries, and funeral and burial expenses. When a person dies instantly in an accident and does not incur any medical bills, a survival claim is limited to the funeral and burial expenses. On the other hand if the decedent experienced suffering before death then damages for pain and mental anguish may be awarded.

Exemplary or punitive damages may be recovered in both survival and wrongful death claims if there was gross negligence. The purpose of these damages is to punish the wrongdoer and to deter such conduct in the future.