Wrongful death is a death that results from a wrongful act or from negligence of another; a death that can serve as the basis for a civil action for damages on behalf of the deceased person's family or heirs.
Under the aforementioned circumstances a wrongful death lawsuit is a civil action and the most common standard of proof is a 'preponderance of evidence'.
In some cases a personal injury attorney will seek exemplary or punitive damages in addition to the families damages for the loss of a loved one.
Recently, Texas courts and our legislature have put up many legal hurdles to limit or disallow a jury from considering punishment damages.
A wrongful death lawsuit is also the only real recourse available when a company, not an individual, causes the death of a person. For instance, if your loved one is maimed or killed in a semi truck accident then the trucking company may be held liable.
Another example of this is when there is a manufacturer's defect in the vehicle itself caused the death - a phenomenon that has occurred on a number of occasions since auto companies began making cars.
A civil suit does not preclude a person from also being criminally negligent as well.
The history of wrongful death legislation can be traced to England in the mid 1800s. According to historians during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies.
The Deodand Act of 1846 gave personal representatives the right to bring a legal action for damages where the deceased person had such a right at the time of their death. Compensation was restricted to the husband, parent, or child of the deceased and was for damages.
