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Losing a loved one is never easy, but the pain can be even more unbearable when it happens due to the negligence or intentional actions of another person or entity. Wondering what is a wrongful death? In Texas, it is considered a wrongful death when someone dies due to someone else’s wrongful acts. Proving a wrongful death in Texas will usually require an experienced wrongful death attorney near me.
Wrongful death in Texas is a civil claim filed by certain family members against a defendant.
Proving wrongful death in Texas for civil damages requires meeting certain legal criteria, and having a skilled personal injury attorney by your side is crucial to handling the complexities of the legal process. Call us to talk with a top wrongful death lawyer in Houston.
The plaintiff must first prove a duty of care to establish a successful wrongful death claim in Houston, Texas.
The plaintiff must demonstrate that the defendant owed a duty of care to the deceased person. This duty of care typically arises when there is a legal obligation to act reasonably and prevent harm. The deceased person’s estate or a surviving family member proves the breach.
A duty of care can be proven by a statute or other legal obligation to act reasonably. For instance, drivers in Texas are required to not speed and follow traffic laws. The statute and rules establish the conduct expected by a driver, which is a duty.
Example: A driver loses control of his car and runs into another vehicle, causing a car accident. In this example, the driver must act reasonably and maintain vehicle control. If the driver did not act reasonably or violated a traffic law in Texas, they may have breached the duty they owed to everyone on the road with them.
A wrongful death claim can be proven in this example by witnesses, accident reconstruction experts, police officers, and other testimony.
Example: A contractor employed subs to do work on a project. The contractor controlled safety for the job site and allowed unsafe practices, resulting in a fatality. Because the contractor controlled the safety on the site, they may have breached their duty to keep the site safe.
In this construction accident example, a duty can be established by control over the worksite. OSHA violations are commonly used to prove negligence by a contractor, sub, or owner in fatal accidents at construction sites.
The plaintiff must establish that the defendant breached their duty of care. This means showing that the defendant’s actions or lack of action fell below the standard of care expected of a reasonable person in similar circumstances.
In our examples above, the driver breached his duty by not controlling his car. In example number two, the contractor breached his duty to keep the project reasonably safe.
The plaintiff needs to prove that the defendant’s breach of duty directly caused the victim’s death. Establishing a clear and direct link between the defendant’s actions and the death is crucial.
The causation of the wrongful death action must be directly linked to the actor’s negligence. It is not enough that negligence occurred or that a duty was breached; the actions must have been a factor in causing the accident. In our construction accident example, the failure of the contractor to keep the project safe must have been directly related to the fatality.
For example, if the fall equipment were defective, a fall would have been needed to cause the death.
Finally, the plaintiff must demonstrate that they have suffered damages due to the wrongful death. These damages can include funeral and burial expenses, medical bills, loss of financial support, loss of companionship, and emotional distress.
Damages are mainly the emotional trauma of the family due to the loss of their loved one. While economic damages are always a part of the damages, grief and mental anguish are almost always a big factor.
To file a wrongful death claim in Texas, you’re required to meet at least one of the following criteria:
Losing a loved one is a devastating experience, and when their death results from someone else’s negligence or intentional act, it can be even more difficult to cope with. Like in many other states, Texas has a legal standard to prove wrongful death. Texas has a statute of limitations for wrongful death suits, so act quickly.
Understanding this standard is crucial to seeking justice for your loved one and considering legal action. The legal standard to prove a wrongful death suit in Texas is outlined below.
In Texas, the legal standard for proving civil wrongful death is based on a preponderance of the evidence. This means that the plaintiff must show that it is more likely than not that the defendant’s wrongful conduct caused the death of their loved one. Unlike in criminal cases, where guilt must be proven beyond a reasonable doubt, the burden of proof in a Texas wrongful death damages case is lower.
To establish a wrongful death claim in Texas, the plaintiff must demonstrate the duty, breach of that duty, and cause of the death and damages. Get help for your case from one of the best wrongful death attorneys in Texas.
Losing a loved one is undoubtedly one of the most devastating experiences anyone can endure. In such tragic situations, when the person dies due to the negligence or intentional act of another person or entity, it is usually considered a wrongful death.
While no amount of compensation can ever bring back a loved one, pursuing a wrongful death lawsuit can provide some financial support and a sense of justice for the surviving family members.
A filing a wrongful death lawsuit in Texas may be able to pay the damages of the survivors of the deceased from the date of the wrongful death settlement forward.
In Texas, various types of damages are available in wrongful death cases. These damages aim to compensate the surviving family members for their losses due to their loved one’s untimely death. Here are the main types of damages typically awarded in Texas wrongful death cases:
Losing a loved one due to the negligence or misconduct of another person is an incredibly tragic and devastating experience. If you are seeking to prove wrongful death in Texas, it is crucial to understand the type of expert testimony required to build a strong case. Expert testimony plays a significant role in establishing liability and demonstrating the damages suffered by the surviving family members.
In Texas, to prove wrongful death lawsuits, you generally need two types of expert testimony: liability experts and damages experts. Let’s delve into each of these categories to provide you with a clearer understanding.
Medical Expert: A medical expert can provide vital testimony in malpractice or negligence cases. Their expertise helps establish the standard of care that should have been provided and how the defendant’s actions deviated from that standard, resulting in the wrongful death.
What the family’s wrongful death lawyer or attorney must prove is the accident or the negligence caused them damages. Often, proving damages in a wrongful death lawsuit is done mainly by testimony of the family members about their relationship with the deceased and the impact on them both emotionally and financially.
Losing a loved one due to someone else’s negligence or intentional actions is unimaginable. When faced with such a heartbreaking situation, it is important to understand the legal theories that can be used to prove wrongful death in Texas. This knowledge can empower you to seek justice and hold the responsible parties accountable.
In Texas, two primary legal theories can be used to establish a wrongful death claim: negligence and intentional misconduct. Negligence is the breach of the duty of failing to act reasonably. Intentional conduct is that which was intended by the actions.
Importantly, civil lawsuits by the family for damages are different and independent from any criminal charges that may be filed over the death. Some of the criminal charges in Texas prosecutors can file after a fatality Include:
If the defendant is charged criminally, the outcome of the criminal case is separate from a civil wrongful death lawsuit. Even if the defendant is found “not guilty” in a criminal case wrongful death case, a civil damage case can still proceed.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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