The loss of a loved one may never be made up, which leaves you mourning and juggling the costs of their end-of-life care. A lawsuit may not fix this, but it can provide the funds you deserve following the accident.
But how do wrongful death claims in Texas work? A wrongful death lawyer can walk you through every step of your case. We will help you obtain the damages you are due and make sure you’re on the right path to receive the compensation you’re due.
The Definition of Wrongful Death
A wrongful death claim in Texas may only occur under a certain set of circumstances. You need to know what factors are looked at before you sue. Otherwise, you may find you’re ineligible for compensation while deep into your claim. Wrongful death in Texas must meet these criteria:
- The death of a human
- Someone else’s negligence or intention to harm caused the death
- Financial losses are suffered by dependants and surviving family members
- A personal representative was appointed for the deceased’s estate
If you believe your case fits this description, reach out to a wrongful death attorney. They can determine the next steps in your claim and help you take action.
Negligence Laws in Texas
In order to prove negligence was the cause of wrongful death, you must be able to prove the other party was liable for the fatal injuries that lead to the death of your loved one. The burden of proof can be difficult on those without an attorney’s support.
These elements of negligence include:
- Duty of Care – The defendant must have owed you some sort of care to keep the death from occurring. For example, if the defense is a doctor, you may need to prove your loved one was a patient.
- Breached Duty of Care – The defendant did not use reasonable care to avoid wrongful death. They were acting negligently and failed to consider the safety of others.
- Injuries Caused by Actions – The actions or inactions of the defendant then directly resulted in the wrongful death. If you can’t connect their actions to the injury, you may not have grounds for a lawsuit.
- Damages Were Suffered – From there, you’ll need to prove the victim suffered from the actions or inaction of the defendant. Those injuries must have caused their death to file a lawsuit.
Evidence for a Wrongful Death Claim
However, you will want to make sure you have plenty of evidence on your side when it comes to proving negligence in your case. In Texas, you can use a variety of evidence during your trial, including the following:
- Surveillance footage
- Eyewitness accounts
- Expert witness testimony
- Reconstructions of the accident
- Medical records and reports
- Police reports
Talk to your lawyer if you need help gathering any of these key pieces of evidence.
Make a Claim with a Wrongful Death Attorney
Nothing will replace your loved one after a wrongful death has occurred, but we will try to help you ease the pain. The Austin wrongful lawyers with Gibbs and Crivelli, Slingshot Law, get you the damages you deserve.
Ready to contact an attorney? Schedule a free case evaluation to learn how we can help you. To get started, call 800-488-7840 or fill out the contact form below.