How is a “Wrongful Death” Suit Defined?
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant’s conduct. In Texas, wrongful death suits exist because the Legislature has passed a law permitting them, and so these suits are controlled by and limited by this law. A wrongful death suit is brought by the family of the deceased for the losses family members have suffered because of the death. In contrast, a survival suit is brought by the estate of the deceased, and it is the legal claim that the deceased himself would have had were he alive. Who Can Recover in a Wrongful Death Suit? A lawsuit of this type is intended to compensate the immediate family of a person who loses their life due to the negligence of others. The law provides that only a limited group of people may recover damages in a wrongful death suit. Economic damages
