Are you eligible to file a Lubbock lawsuit for the wrongful death of a family member?
In Lubbock, TX, wrongful death laws allow certain family members to seek compensation when a loved one dies due to negligence or misconduct. Surviving spouses, children, and parents may file a claim to recover damages for lost income, emotional suffering, and funeral costs. Texas law imposes a two-year deadline for filing, making timely action crucial. Understanding your legal rights can help ensure justice and financial security for your family.
If someone you love has died, you might feel like it’s a wrongful death, no matter what—and emotionally, that’s true. A loss can be devastating and our grief can feel overwhelming.
But “wrongful death” has a specific legal definition. If your loved one is a victim of Lubbock wrongful death, you might be able to receive compensation for your loss. To be clear, money can’t replace a human life. It can’t take away your suffering or grief, and it can’t compensate for years of living that your loved one will never experience.
However, there are several key policy reasons why the law provides an avenue for the survivors of a wrongful death victim to receive damages (money) as compensation for their passing:
- Financial help for survivors. A wrongful death claim can provide financial support to the dependent family members who relied on the deceased person for income, benefits, or companionship. This covers medical expenses incurred between the time of the accident and the death, along with funeral costs and the loss of future earnings.
- Accountability for liable parties. These lawsuits deter negligence by holding individuals, businesses, or entities financially responsible for causing someone’s death through wrongful actions or omissions.
- Encourage safety. The legal system incentivizes companies, medical providers, and other parties to adopt safer policies and practices to prevent future harm by imposing liability for wrongful deaths.
- Allows families a legal remedy for loss. Wrongful death laws allow surviving family members to seek justice and redress for the harm suffered, since the deceased person cannot file a lawsuit for their own injuries.
- Recognize the value of human life. The legal system acknowledges that a person’s life has value beyond just economic contributions, including loss of companionship, guidance, and emotional support, which are often compensable in wrongful death cases.
- Reduce burden on public resources. Wrongful death lawsuits shift the financial responsibility to the liable party instead of taxpayers, which is significant if an affected family would need to rely on government programs or public assistance without the compensation of the deceased individual.
Read v. Carruth
A highly publicized, sensational Lubbock lawsuit involved the death of Chad Read on November 5, 2021. Kyle Carruth, who was associated with Read’s ex-wife, Christina Read, argued with Chad when he confronted Christina over a child custody dispute. Carruth then retrieved a firearm and shot Read to death.
A Lubbock County grand jury declined to indict Carruth and he was not criminally charged in the shooting. However, Christina Read and the victim’s mother filed civil wrongful death lawsuits against Carruth. Reports claimed Carruth’s insurer agreed to pay $20,000, split among Read’s four children; the actual settlement is confidential.
Why is this noteworthy? If your loved one’s death was caused by intentional violence, you might be able to receive damages in a civil wrongful death lawsuit, even if the defendant is not held criminally liable. One reason for this is that the burden of proof is different between the two.
A criminal can be convicted if the prosecution proves guilt beyond a reasonable doubt. The evidence presented and arguments offered must establish the defendant’s guilt so clearly that they would be accepted as fact by any reasonable person. A civil lawsuit relies on a preponderance of the evidence. This means it’s more likely than not that the defendant is responsible.
Family of Nathan Minns v. Green Gorilla
19-year-old Nathan Minns died after he consumed the “herbal supplement” Kratom purchased at Green Gorilla, a smoke and vape shop. His family alleged in their wrongful death lawsuit that the substance was sold in an unmarked bag without warnings or dosage restrictions.
The lawsuit alleges that Green Gorilla claimed the product is safe and natural, used to alleviate pain and mental health symptoms. However, Kratom can cause a variety of symptoms, including nausea, tachycardia, vomiting, hepatoxicity, seizures, hallucinations, and… in Nathan’s case, death. The drug is sold in unlimited quantities and is unregulated. The Minns family attorney said, “[t]his drug has dangerous opioid-like tendencies.”
Kratom is plant-based and comes in powder, pill or tea form. It’s highly addictive and can be sold without labeling or warnings that it’s potentially deadly.
The family’s wrongful death lawsuit said Minns purchased Kratom in an unmarked bag without warnings or dosage instructions. When Minns died in his sleep at 19 years old, he had graduated from high school and was planning on joining the Air Force or Space Force. He had developed some depression and anxiety as an older teen trying to figure out his life, but he knew he couldn’t enlist in the military if he’d been prescribed anti-anxiety medication. He wanted a natural alternative to prescription anti-anxiety medication, so he purchased Kratom after learning that the supplement had “health benefits.” One night, Nathan followed his regular routine of going to the gym, preparing a meal for the next day, and so on. He took the supplement as tea before going to sleep. He went to sleep as usual but did not wake up the next morning due to an accidental overdose of Kratom.
Settlements in these types of cases are usually sealed, but these are some common reasons why a family might file a wrongful death lawsuit.
Who can file a wrongful death lawsuit in Lubbock?
Lubbock follows Texas wrongful death laws, which are listed under the Texas Civil Practice and Remedies Code § 71.004.
A wrongful death lawsuit may be filed by the victim’s spouse (including common-law), biological or legally adopted children, or biological and adoptive parents. If none of these parties file a claim within three months of the death, the executor or administrator of the victim’s estate may file a lawsuit unless the family explicitly prohibits it.
How much time do you have to file a Texas wrongful death lawsuit?
Usually, the statute of limitations—or time period within which you must file a lawsuit—is two years from the date of death. However, there are some exceptions for minors or when evidence has been concealed. Your Lubbock personal injury lawyer can review your claim and determine whether any exceptions apply.
What’s the difference between a wrongful death claim and a survival claim?
Texas permits the family to pursue a survival claim (Texas Civil Practice and Remedies Code § 71.021), which allows the estate to recover damages on behalf of the deceased person. These damages compensate for their losses if they had survived. This would include medical expenses from the time of the accident until the time of death. For example, if the person dies in a car accident but they were rushed to the hospital and had surgery, only to pass away a few days later, the damages could cover the ambulance transport, emergency treatment, surgery costs, hospital stay, and other expenses associated with their injury prior to their death. It can also include pain and suffering and any other damages they could have sued for related to the accident if they had survived.
A wrongful death claim is specifically for damages for the surviving family and dependents’ losses. This can include economic and non-economic damages.
Wrongful death economic damages in Lubbock lawsuits
- Loss of earnings, or compensation for the income the deceased would have provided to their family.
- Loss of benefits, including retirement benefits, insurance, or inheritance the deceased would have contributed.
- Medical expenses if the deceased incurred medical bills before passing. These can be recovered under a survival action (not a wrongful death claim).
- Funeral and burial expenses.
Non-economic (intangible) damages for a Lubbock wrongful death lawsuit
- Mental anguish, or the emotional suffering of the survivors.
- Loss of consortium, or loss of companionship, guidance and emotional support of the deceased.
- Loss of parental guidance if the deceased was a parent. The children could recover damages for losing a parent’s care, training, and support.
Punitive damages
Under Texas Civil Practice and Remedies Code § 71.009, if the death resulted from gross negligence or a willful act, the court may award exemplary (punitive) damages to punish the wrongdoer and deter similar conduct. These are not meant to compensate survivors but to penalize egregious behavior.
If you’ve lost a loved one and believe they’re the victim of negligence, you can file a wrongful death lawsuit by contacting a Lubbock personal injury lawyer for guidance.
See our guide Choosing a personal injury attorney.