When Personal Injuries Result in Death: Wrongful Death Cases

Wrongful death claims allege, as their basis, that the deceased died as a result of the negligence or liability of another. The deceased’s surviving relatives, dependents, or beneficiaries may bring suit against those claimed to have been responsible, seeking monetary damages to compensate for the losses. Each state has its own statute covering claims for wrongful death, and not every state follows the same guidelines, principles, or rules. A personal injury attorney in your state can advise you on whether you have a valid wrongful death claim and can help you pursue that claim to the best possible outcome.

Laws on Wrongful Death Resulting from Personal Injuries Vary from State to State

Some states have “true” wrongful death acts in which the next of kin are entitled to bring a cause of action in their own names as a result of damages sustained following the decedent’s death. Other states have acts that are more properly called “survival acts,” which preserve the rights that vested in the decedent at the moment of death, expand those rights to include the right of the survivors to bring a claim based on the decedent’s rights, and include claims for damages resulting from the actual death itself. Finally, some states recognize both types of lawsuits, but generally have a provision that limits the right of the survivors in order to prevent a double recovery under the two different theories.

Which individuals are entitled to bring a wrongful death claim also depends on the jurisdiction. Generally, the primary beneficiaries of the individual-often the spouse and children-are able to bring a claim, and in some states the parents of the deceased may be also designated as beneficiaries. In most states, if the deceased did not leave behind any spouse, children, or parents, there is no one who may bring a wrongful death claim, unless the scope of the state’s wrongful death act has been expanded to include other persons who were dependent on the deceased. Sometimes, the recovery, if any, is simply doled out to the deceased’s heirs at law or is distributed to the beneficiaries of the estate, as it would be in any normal probate proceeding.

In most jurisdictions, in order to be legally liable, it is not necessary that the defendant’s conduct be the sole cause of the death. Even when the defendant’s negligence contributes in part, or in tandem with other circumstances, to the decedent’s death, liability may still attach. Generally, a wrongful death cause of action can arise out of any tort theory, including an intentional tort, reckless or negligent behavior, or strict liability.

When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs may be able to recover the costs of the deceased’s medical care and treatment related to the negligent conduct, the funeral expenses incurred for the deceased’s burial, the loss of future earnings of the deceased, the value of the loss of the deceased’s benefits (such as pension benefits or medical and health insurance coverage), the value of the loss of consortium, and general damages. Additionally, in a few states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death, as well as punitive damages.

Wrongful Death Cases

The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the pecuniary loss to which the plaintiffs are entitled. Pecuniary loss generally includes the survivor’s loss of support, contributions, and services due to the decedent’s death. The bases for computing these damages are the decedent’s life expectancy and work life expectancy. The life expectancy of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries must be considered. In calculating the value of the survivors’ future loss, not only may the wages of the decedent be considered but the court may also consider the value of past contributions made by the decedent, the decedent’s familial concern, his personal habits, and his spending behavior.

In cases where there is more than one beneficiary, the damages recovered will be distributed among those beneficiaries. Most states allocate the damages among the beneficiaries in accordance with their losses. However, in some states the recovery is divided as spelled out in statute, and in others divided according to normal intestacy laws within the state.

A defendant is entitled, in general, to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had he or she not died. Therefore, if the decedent was contributorily negligent in causing his or her own death, the defendant may assert that defense in the wrongful death action. Also, in most states, if the decedent had already recovered damages, such as in a case where the death was not immediate and the decedent was able to bring his own successful cause of action, the survivors may not then successfully bring a wrongful death action and recover, in essence again, for the same injury. There are limitations to this prohibition and in some situations, the survivors may be entitled to commence and maintain a claim.

Slip and Fall

Wichita Falls Slip-and-Fall Accident Attorneys

Texas Slip-and-Fall Injury Lawyers Fight for the Financial Compensation You Need

Did you slip or trip and suffer serious injury in an accident on unsafe property in north Texas?

Did negligence by a property owner, property manager or landlord led to your injury accident?

You may qualify for full financial compensation for every expense that your accident injury has cost you — physical, financial and emotional. And the lawyers at Banner, Briley & White are here to help.

Our personal injury and wrongful death lawyers have provided quality representation for ailing individuals and families throughout the region, in and out of court.

Repercussions of a slip-and-fall or trip-and-fall injury may not be felt for months or years. They can resurface and worsen, restrict your movements and make you uncomfortable for the rest of your life. When you begin to feel physical pain from your fall, and the financial pain of health care expenses related to it, contact our Wichita Falls attorneys at Banner, Briley & White.

When you call us at 866-492-9554, toll free, you will always speak to someone who cares about your legal, medical and financial well-being, and sincerely wants to help. Our view of the legal profession as a helping profession makes us a different kind of law firm.

We can also be reached by e-mail or fax. Overnight messages are promptly returned. If your injury prevents you from coming to us, we are glad to come to you.

Banner, Briley & White Holds Negligent Property Owners Accountable in Court

Timing is important in reporting and filing a personal injury claim. You do not want a statute of limitations to limit your ability to file. Speak with one of our experienced accident injury attorneys immediately if you were hurt because of a/an:

Slip-and-Fall Accident Attorneys

  • Slip-and-fall
  • Trip-and-fall
  • Slick, damp or wet floor
  • Icy walkway
  • Lack of proper hazard warnings
  • Malfunctioning or defective elevator or escalator
  • Poorly maintained stairway or stairwell

Whether your painful slip-and-fall accident injury occurred in a grocery store, shopping mall, restaurant, apartment, office or private residence, our client-focused approach and proven legal skills are designed to achieve maximum financial compensation for you and your family. You may be entitled to a monetary award that reflects the impact of ongoing medical bills, lost wages, pain and suffering, and emotional trauma.

Nursing Home

Wichita Falls Nursing Home Negligence Lawyers

Texas Nursing Home Abuse Attorneys Pursue Justice for Your Senior Loved One

Is your elderly loved one suffering from pressure sores, repeated falls or other signs of abuse or neglect in a north Texas or Oklahoma nursing home?

If your senior resident of a nursing home or assisted living center appears to be suffering from malnutrition, dehydration, infections, burns or assault, these are indignities that cannot be explained away by staffing and training deficiencies in a facility. Your family has rights that must be protected, and we are just the law firm to protect them — Banner, Briley & White in Wichita Falls.

Contact us immediately if you fear that nursing home abuse or neglect is victimizing your vulnerable relative or family friend. Call toll free to 866-492-9554. You may also e-mail or fax us.

Dedicated Personal Injury Lawyers for Wichita Falls, Throughout Texas and Oklahoma

Evidence of nursing home abuse and neglect is rarely obvious, but frequently can be proved by showing patterns of questionable staff behavior, poor living conditions and injuries to the resident that are unexplained, or are inconsistent with his or her condition, such as:

  • A combination of new and old injuries
  • Cuts, lacerations, puncture wounds, bruises, welts, discoloration
  • Any injury that looks like it may have been caused by cigarettes, caustics, acids, friction from ropes or chains, or contact with other objects
  • Poorly treated or untreated injuries
  • Injuries in areas usually covered by clothing
  • Poor skin condition, poor skin hygiene or lice
  • Absence of hair and/or hemorrhage below the scalp
  • Dehydration or malnutrition that is unrelated to illness
  • Loss of weight
  • Soiled clothing or bedding
  • Inadequate clothing
  • Depression or withdrawal
  • Hesitation to talk openly
  • Fearfulness of caregivers
  • Confusing or contradictory statements by an otherwise competent senior
  • Resignation or denial
  • Implausible explanations of injuries or conditions
  • Unexplained agitation
  • Denial of an injured state

Nursing Home Negligence

If your loved one is a victim of neglect or abuse, or preyed upon by financial abuse in a nursing home or residential facility, there are probably other residents who are also being neglected or abused. In fact, there is probably a continuing pattern of neglect at the facility. Its history of violations of both federal and state law can show this pattern. Our firm aggressively investigates records of these facilities and pursues justice for you against all forms of neglect, abuse and assault.

Banner, Briley & White nursing home client families have enough on their minds without needing to deal with concerns over the cost of quality legal representation. We extend to you a contingency fee basis for our work that requires you to pay no attorney fee unless we win your case — and a settlement damage award that you approve. Our lawyers prefer to expedite a negotiated outcome that reflects your loved one’s pain and suffering, and your financial losses, but we will not hesitate to aggressively protect your rights in court, if necessary.