Plano Wrongful Death Lawyer Richard Armstrong knows that the last thing grieving survivors of wrongful death need is confusion.

What Is Wrongful Death Recovery?  Wrongful death is a statutory means of recovery for the benefit of those who survive the death of a loved one. It is not a creature of common law (case law), but rather of the Texas legislature, who created it to allow a surviving spouse, children, or parents of the deceased to recover for tort liability. Negligence by the defendant often furnishes the basis for liability, but wrongful death may also be based on products liability, “strict” liability, or misconduct by the defendant. Chapter 71 of the Civil Practice and Remedies Code, codifying law now almost 150 years old, provides the exclusive basis for recovery for wrongful death.

Wrongful death should not be confused with the so-called “survival action”, which is also codified in Chapter 71 of the Civil Practice and Remedies Code. While wrongful death allows survivors to recover for theories of liability that the deceased could have exercised on his own behalf if alive, the survival action allows the estate of the deceased victim recovery for damages he sustained while still alive. For example, deceased victim’s wife may sue a negligent truck driver to recover wrongful death damages on her own behalf; while the estate of the deceased may sue to recover damages for the deceased’s own injuries and suffering caused by the same negligent driver. It can thus be seen that the wrongful death and survival actions are not mutually exclusive. In fact, it is not uncommon for the executor of the estate to be the surviving spouse, who then asserts a survival action on behalf of the estate and also a wrongful death action on her own behalf, in the same lawsuit. The same joint action could be brought by surviving children or parents. Moreover, if several living relatives qualify under the wrongful death statute, any one of them may sue for the benefit of all. (See Tex. Civ. Pract. & Rem. Code Sec. 71.004)

Damages in a wrongful death suit include the loss of support, services, inheritance, comfort, love and companionship of the deceased loved one. Damages in a survival action may include damages for physical injury, pain and suffering, mental anguish, disfigurement, and where appropriate, loss of earning capacity.

Armstrong the Law Firm has Plano Wrongful Death Lawyers with nearly thirty years of experience in handling personal injury litigation. It also practices in the business and commercial litigation arena.