The death of a loved one is always a devastating experience. When that death is the result of someone else’s negligence or wrongful act, the pain can be even more profound. For military families in Texas, the situation can be uniquely complex. This article will discuss some of these special considerations.
What is Wrongful Death?
In Texas, a “wrongful death” claim arises when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. This means that if someone’s actions (or failure to act) directly lead to a death, the surviving family members may have grounds for a legal claim.
Who Can File a Wrongful Death Claim in Texas?
Texas law specifies who can bring a wrongful death claim. These individuals are:
- The surviving spouse
- The surviving children
- The surviving parents
If none of these individuals files a claim within three months of the death, the executor or administrator of the deceased person’s estate can file the claim, unless specifically requested not to by all eligible family members.
The Feres Doctrine: A Major Hurdle for Service Members
Historically, a legal principle called the Feres Doctrine has presented a significant obstacle for service members and their families seeking to file wrongful death claims against the military. The Feres Doctrine, stemming from a 1950 Supreme Court case, generally prevents service members from suing the government for injuries (or death) that occur “incident to service.”
The Supreme Court has held that the federal government may not be sued under the FTCA for injuries to servicemen when the injuries arise out of or are sustained in the course of activity incident to service.
This has been interpreted broadly, covering many situations beyond combat, including training accidents and even medical malpractice at military hospitals.
Exceptions and Changes to the Feres Doctrine
While the Feres Doctrine remains a significant hurdle, there have been some important changes and exceptions:
- Medical Malpractice: In 2019, Congress passed the National Defense Authorization Act, which included a provision allowing service members to file claims for injury or death resulting from medical malpractice by military doctors. This is a significant change, but it’s important to note that it involves an administrative claim process, not a lawsuit in court.
- Sexual Assault: Recent court rulings, particularly in the 9th U.S. Circuit Court of Appeals, have challenged the application of the Feres Doctrine to cases of sexual assault. These rulings suggest that sexual assault may not be considered “incident to service,” opening the possibility for lawsuits in some jurisdictions. The family of Vanessa Guillen, a soldier who was murdered at Fort Hood, is using the ruling to pursue a wrongful death case.
- Federal Tort Claims Act (FTCA): Civilians, including family members of service members, may be able to file claims under the Federal Tort Claims Act (FTCA) if they are injured due to the negligence of a federal employee. This could apply, for example, if a civilian is injured in an accident caused by a military vehicle.
Texas Wrongful Death Claims: What Can Be Recovered?
If a wrongful death claim is successful, Texas law allows for the recovery of various damages, including:
- Pecuniary Losses: These are financial losses, such as lost earning capacity, loss of inheritance, and loss of household services.
- Mental Anguish: This covers the emotional distress and grief suffered by the surviving family members.
- Loss of Companionship and Society: This compensates for the loss of the relationship, love, and affection of the deceased.
- Exemplary Damages: In cases of gross negligence or willful misconduct, exemplary damages (also called punitive damages) may be awarded to punish the wrongdoer. Only a surviving spouse and heirs of the decedent (children) can recover exemplary damages.
Survival Actions
Texas also recognizes “survival actions.” These claims are brought by the deceased person’s estate and cover damages the deceased person could have recovered if they had lived, such as:
- Medical expenses incurred before death
- Pain and suffering experienced before death
- Funeral and burial expenses
Special Considerations in Military Cases
- Determining Jurisdiction: Figuring out whether a case falls under state law, federal law, or military regulations can be complex.
- Gathering Evidence: Obtaining records and information from the military can be challenging.
- Navigating the FTCA: Filing a claim under the FTCA has specific procedures and deadlines.
- Military Claims Act: This act allows only an administrative determination of claims, and does not have a judicial remedy.
Seeking Legal Help
Navigating a wrongful death claim, especially one involving the military, is incredibly challenging. An experienced attorney who understands both Texas wrongful death law and the intricacies of military law is essential.
If you are a service member or a family member of a service member who has suffered a wrongful death due to negligence in Texas, you need experienced legal representation. Ed The Law Bull is here to help. We understand the unique challenges you face, and we are committed to fighting for your rights.
Visit our office at 6671 Southwest Freeway Suite 220, Houston, TX 77074.
Or call now for a free consultation at (713) 231-0194.