Benefits that may be obtained from workers’ compensation include a portion of a worker’s lost wages and coverage for medical expenses. If a worker files a personal injury claim, they may be allowed compensation for all lost wages, medical expenses recovery, and pain and suffering.

In many cases, what you are eligible to claim may be tied to the circumstances of the case. It is best to discuss your legal options with a workplace injury attorney and weigh all avenues open to you to make an informed decision.

Some states only allow a wife and any children to sue. In other states, relatives, including grandparents, may file a lawsuit. Some states have additional lawsuit restrictions if one family member is suing another for the death of a third family member.

Someone who files a wrongful death claim in Texas may be able to recover actual damages and exemplary damages. A wrongful death lawsuit (or survivor’s suit) is filed according to the Texas Civil Practice and Remedies Code Title 4, Chapter 71.

Exemplary damages are awarded as a penalty or punishment but they are never compensation (monetary or otherwise). Actual damages, on the other hand, are meant to compensate the victim or their family for the injury or loss.

Exemplary and actual damages may be awarded when the death of an individual was caused by a defendant’s willful act or omission or gross negligence. Actual damages may include:

• Loss of inheritance
• Loss of the love, comfort, companionship and society of the deceased
• Mental anguish, torment and suffering from a family members death
• Financial losses, loss of earning capacity and the value of services they would have provided

Damages paid out in a successful wrongful death lawsuit may be exemplary and actual damages.

Actual damages may include, but not be limited to:
Loss of inheritance
Mental/emotional anguish (the emotional pain and suffering of the plaintiff over a family member’s death)
Loss of positive benefits from deceased (e.g. love, companionship, comfort and society)
Loss of services
Loss of advice and counsel

Exemplary damages (also known as punitive damages in other states) are those assessed by the court in cases where the defendant’s actions were deemed gross negligence or a willful omission or act. Exemplary damages are intended to punish a wrongdoer and indicate their egregious behavior shall not be tolerated.

Texas courts typically award the following damages in a wrongful death case: lost inheritance, lost love, lost comfort and society, lost companionship, lost care, mental and emotional suffering, pain and anguish, lost earning capacity, loss of counsel, advice, maintenance, services and support of the deceased. There are also some wrongful death cases where exemplary damages may be available. These damages may be awarded if the death was caused by a willful act or omission, or by gross negligence. Exemplary damages are intended to punish a wrongdoer and make it clear to them that their behavior will not be tolerated.

In Texas, you must file a wrongful death claim and a survival claim. The basis for Texas wrongful death claims and Texas survival claims are set out in Chapter 71 of the Texas Civil Practice and Remedies Code.

Under Texas law a spouse in a common-law marriage can file a wrongful death lawsuit. In addition, it does not matter if the couple was separated when one of them died. Also a claim is not negated if the surviving spouse remarries after the other’s death. In Texas, a spouse in a same sex marriage cannot file a wrongful death claim.

Yes, a wrongful death lawsuit may be filed in Texas. The ability to file a wrongful death claim in Texas has its origins in history. In the past, relatives of a deceased (usually children, spouse, parents) could not sue for any damages they sustained as a result of the death of a loved one.

Texas subsequently introduced what is referred to as the Texas Wrongful Death Act, otherwise known, as the Texas Wrongful Death Statute, laid out in its entirety in section 71.001 of the Texas Civil Practices & Remedies Code. When introduced, the statute created a new cause of action allowing named relations to file a lawsuit if the sustained damages as a result of the death of a parent, spouse or child.

A surviving spouse, child, and/or parents of a deceased individual may file a wrongful death claim in Texas either singly, or as a group. If a suit is not filed within three months of the date of a deceased’s death, an executor may file instead unless instructed not to by a family member.

The purpose of a wrongful lawsuit allows family members and the estate to recover compensation from a negligent person or entity that caused the death of their loved one.

The death of an individual and any injuries he or she may have sustained prior to death also injures those who depended on the deceased emotionally and/or financially. Accordingly, every state has a wrongful death statute that allows relatives of the deceased to bring a lawsuit against those who contributed to the death. A wrongful act may by intentional (murder), a negligent or careless act (reckless driving) or a reckless act (speeding).

Yes, a survival claim is different than a wrongful death claim. The Texas Survivor Statue permits an estate, heirs or legal representatives to bring a survival action. This statute got its name because it permits a personal injury lawsuit to survive the death of an individual.

The case is prosecuted in much the same way as a personal injury lawsuit. Damages that may be recovered include, but are not limited to, funeral and burial expenses, medical expenses, lost wages and property damage. Most importantly in many cases, if the deceased lived for any amount of time after the incident (even momentarily), the estate may recover for the decedent’s pain and mental anguish incurred as a result of the incident.

A wrongful death action is still a lawsuit and it is available to the parents, spouse or children of the deceased. The deceased in this situation may include a stillborn child.