In a wrongful death lawsuit, damages are most often attributed to financial losses and the loss of companionship, which is common when a spouse or a child is killed in an accident.
But what occurs when there is no income loss or relationship severed because they were never born? Such a question arises in a recent matter in Texas concerning a man suing three women for wrongful death due to their involvement in his former wife’s abortion.
Texas laws on abortion
Based on recent reports, a wrongful death suit was filed by a Texas man against the three women he alleged helped his former wife to obtain the medication to get an abortion. Documentation of the lawsuit indicates he is seeking $1 million in damages from each of the three women. His claim is that their assistance in procuring the medication to complete an abortion is equivalent to aiding murder under the laws of the state.
A few months after the divorce was finalized, the former wife discovered she was pregnant. This was just one month after the overruling of Roe v. Wade. However, this was before the effect of a Texas state law that made performing an abortion a felony. The details of this matter are unique and complex, making for a difficult and emotional civil suit.
Understanding wrongful death
In basic terms, a wrongful death is caused by the intentional or negligent actions of another party. When this occurs, loved ones of the deceased are entitled to seek compensation from the person or entity responsible for the death. Often, compensation is sought to cover expenses such as lost income, medical bills, funeral expenses and other related costs.
The loss of a loved one is a difficult time, and as illustrated above, can be a complex time as well. Navigating a wrongful death matter can be challenging, especially when your emotions are running high. As such, obtaining legal counsel can help ensure you fully understand you situation, the applicable laws and what options you could take.