Everyone knows that accidents happen. However, some accidents result in a death that may never have occurred if not for the negligence of someone else. Texas law provides for the surviving family of such a victim to file a wrongful death claim against the apparently negligent parties for the chance to recover financial damages sustained as a result of their family member’s death.
One Texas mother has filed such a claim against two men she believes are responsible for the death of her son. One of the parties to the lawsuit is the man who allegedly shot her son. The other man is the registered owner of the firearm used.
The supposed shooter and one other man were cleaning the gun owner’s truck at the time the shooting occurred. The details of the accident were not reported, but the man accused of shooting the woman’s son is claimed to have not properly handled the weapon. It is alleged that the owner of both the truck and the gun failed to properly secure the firearm since it was not removed from the truck.
The woman is seeking over $1 million in financial restitution for the death of her son. If she is able to prove to a Texas civil court that the two men she identifies as the negligent parties caused and/or substantially contributed to his death, the court may then consider her request for financial damages. This grieving mother is asking for damages that include pain and suffering, court costs and punitive damages. Any monetary recovery she receives will never give her back her son, but she may find some peace that she was able to gain a measure of justice on behalf of her son.
Source: arklatexhomepage.com, Mother seeks compensation for wrongful death of son, Jade Cunningham, Nov. 13, 2013