Elements of a Wrongful Death Claim: What You Need to Know – the stewart law firm – austin texas personal injury lawyer
Wrongful death claims cover all sorts of fatal accidents, such as car accidents and medical malpractice. Wrongful death claims can also be filed over product liability issues for defective products or medical devices that cause or contribute to the death of a person.
People, companies, and governmental agencies can all be found at fault for a wrongful death if their actions or internal practices are deemed negligent or intentionally reckless. Wrongful death claims can be filed by a family member or representative of the deceased. Claimants can be immediate family members, life partners, financial dependents, or putative spouses.
Because family members will often argue about who should be the one to file a lawsuit, it is important to note that courts will usually allow just one wrongful death claim to be filed on behalf of the deceased party. If two claims are filed, courts will usually consolidate the claims into a single lawsuit.
If you plan to file a wrongful death claim, you will need to prove the following elements to receive compensation for the death of your loved one with the help of a dedicated Texas wrongful death attorney like our team of attorneys at The Stewart Law Firm.
Proof of Negligence in Texas
When you file your wrongful death claim, you will need to prove the death of your loved one was caused because of the reckless, careless, or negligent actions of the person or entity you are suing.
If the defendant failed to use reasonable care in the circumstances that caused your loved ones death, you can argue that they have acted negligently and contributed to the death in question.
This will require you to establish a direct link between the defending party’s negligence and your loved one’s death. This can be a difficult task, which is why it’s so important to have the assistance of an experience Texas wrongful death attorney.
Proof of Breach of Duty in Texas
A wrongful death case requires you to prove that the defendant owed a duty or legal obligation to your loved one.
Proving a breach of duty occurred requires you to establish the nature of the duty in question and how it was breached through the defendant’s negligent actions.
Proof of Damages in Texas
To have a claim for damages, the death of your loved one must have resulted in quantifiable damages, which could include:
- medical expenses,
- funeral and burial costs,
- loss of income,
- loss of protection, and
- pain and suffering.
Each of these elements have to be present in order for your wrongful death claim to be successful.
If you think you have grounds for a wrongful death lawsuit, you should consult with an experienced Austin attorney as soon as possible.
Contact The Stewart Law Firm Today
If you have lost someone due to someone else’s negligence, you have our deepest sympathies. Nothing can bring your loved one back, but compensation from a wrongful death suite may help you get started putting the pieces of your life back together – and we want to help. Contact our Austin, Texas team of wrongful death attorneys to schedule your free consultation today.