Wrongful death lawsuits

February 03, 2011 @ 04:50 PM -- by
Tagged with: Wrongful Death

As a Corpus Christi wrongful death lawyer, it is important to explain some of the issues involved in a wrongful death lawsuit. These suits are civil actions (as opposed to criminal) which charge another person, company or entity with being liable for the injury which results in the plaintiff’s death because of negligence or a failure to act. The plaintiff (who is the executor or administrator of the estate of the deceased) must show that the decedent would not have passed away but for the defendant’s negligence. In Texas, wrongful death suits happen because the Texas Legislature has passed a law allowing them. As such, this wrongful death statutes controls the law.

Survival actions

October 01, 2009 @ 05:45 PM -- by
Tagged with: Wrongful Death
Survival actions are often brought along with wrongful death actions. A personal injury action does not abate, or end, because of the death of the injured party or the person causing the injury. When the injured party dies, the action survives and is then brought in favor of the deceased’s heirs, estate and legal representative. Just as with any other claim, a plaintiff bringing a survival action on behalf of a decedent must have both legal capacity to sue and standing. An heir has capacity to bring a survival action when the decedent’s personal representative either will not or cannot bring the suit, or when the representative’s interests are different or antagonistic to that of the estate. There is not a survival action for the death of a fetus. A child must be born alive for there to be a survival action. However, parents have various remedies under the Wrongful Death Act for the death of a fetus. Additionally, damages relating to the mother’s mental anguis