Wrongful Death

A wrongful death claim is a civil action that is filed in a case where an individual’s death was caused by someone else’s negligence or wrongdoing. According to the Texas Civil Practice and Remedies Code Section 71.002. (b): “A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”

A wrongful death lawsuit is different from a criminal murder or homicide case. In a criminal case, the burden of proof is on the prosecution. A jury in such cases will have to determine “beyond a reasonable doubt” that the defendant was guilty of murder or manslaughter. In a civil wrongful death case, the plaintiff must prove that the defendant was liable or financially responsible for the family’s loss. A jury decides based on the evidence before them if the defendant is liable. This is known as a “preponderance of the evidence.”

It is important that victims’ families understand that they cannot seek any monetary damages in a criminal case. The court may order the defendant to pay restitution, but that is the extent of any financial compensation they may receive. However, a victim’s family may seek monetary compensation by filing a civil wrongful death claim. Such claims are usually filed by immediate family members such as a spouse, children, parents, or others who were financially dependent on the victim. If you have lost a loved one in a Texas accident, an experienced Lewisville wrongful death attorney can help you better understand your legal rights and options.

A local man drowned recently while taking a tubing trip with friends down the Brazos River, according to a recent report in the Star-Telegram.

The twenty-one-year old and a group of his friends rented inner tubes from the Hillbilly Haven Campground near the Interstate 20 bridge. They had floated about a mile down the river when the young man fell off his inner tube and into the water. He was not wearing a life jacket at the time.

When the man did not come back up after falling off his inner tube, his friends contacted emergency personnel. The young man’s body was found approximately one hour later. Officials have not been able to determine why the young man didn’t resurface after entering the water. The water in that stretch of the river has not been unusually high or fast this summer.

This young man is the second one to drown while playing in the Brazos River this summer; the first, about a month earlier, was a young woman who drowned while swimming near the Horseshoe Bend area.

The water depth in the tubing portion of the Brazos River ranges from four inches to about ten feet. Because of the varying depths and the possibility of underwater hazards, officials urge anyone entering the river to wear life jackets, even if they are also floating on an inner tube.

River recreation poses several risks of drowning that may not be present in a lake or pool. The movement of the current can push swimmers into deeper water or pull them underwater. Hidden dangers such as rocks and tree branches can also trap a swimmer’s limbs or render him or her unconscious if a rock or branch strikes a swimmer on the head. If another person’s negligence is responsible for a person drowning, a Texas wrongful death attorney can help family members obtain compensation for loss of wages and other damages.