[email protected] | May 14, 2024 | Wrongful Death
A wrongful death lawsuit is a lawsuit you or your family can file in Texas if a loved one died due to someone else’s negligence. Nothing can bring back a lost family member after a devastating tragedy. However, the law allows a grieving family to recover financial compensation for the responsible party through a wrongful death claim.
If you have lost a spouse, parent, or child due to negligence or a wrongful act, a Texas wrongful death lawyer can help evaluate your legal options. One option is to seek justice and move forward with a wrongful death lawsuit on behalf of your loved one.
How to Determine if a Wrongful Death Occurred
The first thing to do is determine whether the wrongdoing by another constitutes wrongful death under Texas law. In Texas, if an injury caused by a wrongful act leads to the death of that person, the negligent party can be legally liable for damages. That is, a wrongful death claim can be filed due to another person’s wrongful act, neglect, carelessness, lack of skill, or default.
Generally, there must be a causal connection between a person’s negligence and a person’s fatal injuries for a wrongful death claim to arise. However, a person’s felonious conduct can also support a wrongful death lawsuit.
Other individuals, such as a person’s servant or agent, can be held responsible if their negligence is connected to a person’s death. Additionally, entities that control roadways, railways, and machinery can be liable for wrongful death when negligence is involved.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas allows a surviving spouse, child, or parent of the deceased to bring a wrongful death lawsuit. If no such family member files a wrongful death suit within three months of the death, the executor of the deceased’s estate can file the action. However, survivors can unanimously request that the estate not sue if they so choose.
No matter who sues for wrongful death, the statute of limitations for a wrongful death case in Texas is two years from the date of the incident.
How to Prove Negligence in a Wrongful Death Lawsuit
A successful wrongful death lawsuit depends on successfully proving the at-fault party’s negligence caused the individual’s death.
There are four elements a plaintiff must prove in any negligence claim:
- Duty of care. This refers to a person’s responsibility to show care and caution to others. For example, a driver owes a duty of care to follow traffic rules and look out for others on the roadway.
- Breach of duty. When a person fails to exercise their duty of care (acting as a “reasonable person” would have), then they breach their duty in the legal sense. Breach of duty must exist to move forward with a negligence claim.
- Causation. The defendant’s breach of duty must have some causal connection to the decedent’s injuries and death. If the defendant can show some other factor could have caused the death, then the chain of causation can be broken.
- Damages. The decedent’s spouse, children, or parents must prove they suffered damages as a result of the defendant’s act. In a wrongful death claim, the pain and suffering and emotional distress are part of these damages. Damages can also include funeral expenses, burial costs, and medical expenses surrounding your loved one’s passing.
How a Texas Wrongful Death Lawyer Can Help
If you lose a loved one due to wrongful death, your grief and emotional burden will be overwhelming. An experienced wrongful death lawyer in Texas can help you navigate the legal process while your family grieves and recovers. A lawyer with a successful background in wrongful death cases can collect evidence, investigate the claim, and build a winning legal strategy to help compensate you for your loss.
If you have lost a loved one due to negligence or recklessness by another, the grieving process can be unspeakably difficult. Holding the other person responsible and proceeding with a lawsuit might be far from your mind, but it is a task experienced legal teams handle for families just like yours.
Contact the Laredo Wrongful Death Lawyers at Roderick C. Lopez Personal Injury Lawyers Today
If your loved one has died due to another person’s negligence in Laredo, TX, you should find the best personal injury lawyer to help you. Contact our Laredo wrongful death attorneys at Roderick C. Lopez Personal Injury Lawyers to schedule a free case review today. They will help you understand the best way forward in your case.
Roderick C. Lopez Personal Injury Lawyers
6557 Metro Court, Suite 1 Laredo, TX 78041
(956) 529-7336
