Does birth injury law cover wrongful death cases?
Yes, birth injury law in Texas does cover wrongful death cases. When a person dies as the result of a birth injury or illness, the family of the deceased may file a wrongful death claim to seek compensation for the loss of their loved one. This type of claim is based on the legal theory that the medical negligence of the responsible party caused the death of the victim. A wrongful death claim is a type of civil lawsuit, which is different from a criminal trial. In a civil trial, the burden of proof is lower than in a criminal trial, so a family may have a higher chance of successfully winning a financial settlement or judgment if they file a wrongful death claim. The purpose of wrongful death law is to compensate a family for their loss and to hold accountable those responsible for the death. Some of the damages a family may be able to seek in a wrongful death claim include medical expenses, funeral expenses, lost wages, pain and suffering, and other types of economic damages. Non-economic damages for loss of companionship and other intangibles may also be available. In Texas, wrongful death claims must be filed within two years of the date of the person’s death. It is important to act quickly as failure to file a claim within the two-year window may have a negative impact on a family’s ability to seek justice.
Related FAQs
What is a birth injury settlement?What is the difference between birth injury and birth trauma?
What is an obstetrical brachial plexus injury, and how does it affect a baby?
What is a fetal heart monitor strip and how can it be used in a birth injury claim?
What types of medical experts are used in birth injury cases?
What is the standard of care for obstetricians when it comes to birth injuries?
What is cerebal palsy and how can it be used in a birth injury claim?
What is a stillbirth and can a parent file a birth injury lawsuit?
What is the difference between medical malpractice and birth injury?
What is the difference between a birth injury and a medical negligence claim?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023