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Claims Caps In Texas Wrongful Death Case

Dallas wrongful death lawyers know that the wrongful death of a person can occur in a number of ways. This can be the result of an accident or an instance of medical malpractice. Whatever the cause of wrongful death, it is surely the result of a negligent, careless or reckless act. Medical malpractice is said to have taken place when the health care service providers have not rendered the medical service according to the acceptable and recognized professional standards and have performed in a negligent or careless manner. Wrongful death malpractice can occur due to a number of reasons, including misdiagnosis, failure to diagnose, improper treatment, incorrect dosage, surgical errors, and many others.

Statutes Of Limitation

Texas law mandates that health care liability claims must be filed within two years of the wrongful death. There is one notable exception. Minors can file claims until the age of 20.

Wrongful Death Versus Survival Action Claims

In addition to filing the wrongful death claims on behalf of the next of kin of the deceased (surviving spouse, children), Texas law also provides for claiming survival action damages. The survival action damages include pain and suffering due to the personal injury that ultimately led to death. These damages can be claimed even after death. These remain recoverable by the heirs and legal representatives of the deceased.

Texas Caps

Texas provides for certain types of upper limits, or caps, on compensation claims. These are:

1. If the case of medical practice was filed after September 1, 2003, the non-economic damages from all individuals and doctors are capped at $250,000. Similarly, the non-economic charges from organizations, such as hospitals and other entities, are capped at $500,000, with each such entity being responsible for up to $250,000.
2. In cases of wrongful death due to medical malpractice, both economic and non-economic damages are limited to $500,000. This figure is annually adjusted for inflation. In cases filed after September 1, 2003, the total capped recoverable claims also include exemplary charges.

Many Dallas medical malpractice lawyer have witnessed a decline in the number of cases filed ever since these caps were introduced in Texas. Other states are also introducing these types of caps.

These caps and regulations are precisely why it’s important to hire an experienced Dallas wrongful death attorney.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT
1-877-405-4313

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