Wrongful death is defined as a death that results from a wrongful act or from negligence; a death that can serve as the basis for a civil action for damages on behalf of the dead 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 our country it is also ‘on the balance of probabilities’. Wrongful death is also the only 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 automobile itself – a phenomenon that has occurred on a number of occasions since auto companies began making cars. Pursuing a civil suit does not preclude a person from also being criminally accountable 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 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 cause of 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.
It’s interesting to note that even over 150 years ago the law was a complicated and ever-changing process being constantly adapted to better serve the people.
It is my hope that in Texas, our representatives will put Texas consumers and citizens interests above big business and insurance companies and repeal tort reform.
