How to Prove Wrongful Death in Houston, Texas
Proving Wrongful Death in Texas
Proving wrongful death in Houston, Texas, requires establishing four essential legal elements: a duty of care, breach of that duty, causation, and damages. While no amount of compensation can replace your loved one, understanding how to prove wrongful death is crucial for holding negligent parties accountable and securing the financial compensation your family deserves.
At Baumgartner Law Firm, ourย Houston wrongful death attorneys have an undefeated record in wrongful death cases for over 40 years.
We understand the complex evidence and expert testimony required to build a winning case.ย Call (281) 587-1111ย for a free consultation with an experienced wrongful death lawyer who knows how to prove these difficult cases.
A Wrongful Death Lawsuit is a Claim for Damages
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 aย top wrongful death lawyer in Houston.
The plaintiff must first prove a duty of care to establish a successful wrongful death claim inย Houston, Texas.
What is a Duty of Care?
The plaintiff must demonstrate that theย defendantย owed a duty of care to the deceased person. Thisย duty of careย typically arises when there is a legal obligation to act reasonably and prevent harm. The deceased personโs 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 not to speed and to follow traffic laws. The statute and rules establish the conduct expected of a driver, constituting a duty.
Proving a Wrongful Death from a Car Accident
Example: A driver loses control of his car and runs into another vehicle, causing anย accident. In this example, the driver must act reasonably and maintain vehicle control. If the driver did not act reasonably or violated aย 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.
Proving a Wrongful Death from a Construction Site Accident
The Four Elements to Prove Wrongful Death Claims in Texas
Example:ย 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 site safety, 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 construction site accidents.
Breach of Duty:
The plaintiff must establish that the defendant breached their duty of care. This means showing that the defendantโs 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.
Causation:
The plaintiff needs to prove that the defendantโs breach of duty directly caused the victimโs death. Establishing a clear and direct link between the defendantโs actions and the death is crucial.
Theย causationย of the wrongful death action must be directly linked to the actorโs negligence. It is not enough thatย 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 contractorโs failure to keep the project safe must have been directly related to the fatality.
For example, if theย fall equipmentย were defective, a fall would have been needed to cause the death.
Damages:
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 andย mental anguishย are almost always a big factor.
Who Can File a Wrongful Death Claim in Texas?
To file a wrongful death claim in Texas, youโre required to meet at least one of the following criteria:
- Theย wrongful death laws in Texasย permit the immediate family to initiate a lawsuit, including parent(s), spouses, and children.
- Texas wrongful death claim laws permit the adopted family, including adopted parents and children, to initiate a lawsuit.
- The wrongful death laws in Texas permit the personal representative of the deceasedโs estate to initiate a lawsuit.
Call an UNDEFEATED wrongful death LAWYER IN HOUSTON FOR HELP!
Legal Standard for Proving Wrongful Death in Texas (Preponderance of Evidence)
Losing a loved one is a devastating experience, and when their death results from someone elseโs 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.
The Preponderance of the Evidence
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 defendantโs wrongful conduct caused the death of their loved one. Unlike in criminal cases, where guilt must be proven beyond a reasonable doubt, theย burden of proofย 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 theย best wrongful death attorneys in Texas.
What Damages are Available in Wrongful Death Cases 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.
Filing aย wrongful death lawsuit in Texas may allow the survivors of the deceased to recover damages 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 oneโs untimely death. Here are the main types of damages typically awarded in Texas wrongful death cases:
Economic Damages:ย
Economic damagesย cover the tangible monetary losses that the surviving family members have incurred or will incur because of the death. This includes medical expenses, funeral and burial costs, loss of future earnings and benefits, loss of inheritance, and other financial contributions the deceased would have made over their lifetime.
Non-Economic Damages:ย
Non-economic damagesย address the intangible losses that the surviving family members have experienced due to the death of their loved one. These damages aim to compensate for the emotional pain and suffering, loss of companionship,ย mental anguish, and loss of consortium or guidance.
Exemplary Damages:ย
Also known asย punitive damages, exemplary damages may be awarded in cases where the defendantโs actions were particularly egregious or showed a willful disregard for another personโs safety. Talk with an experienced punitive damages lawyerย for help.
Types of Expert Testimony Required to Prove Wrongful Death
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.ย Expert testimonyย 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. Letโs delve into each category to provide you with a clearer understanding.
Liability Experts:
Liability experts are individuals with specialized knowledge and experience in a particular field or area related to your case. These experts help establish the negligence or fault of the defendant. Depending on the circumstances of the wrongful death, the following experts may be required:
Accident Reconstructionist:ย
Anย accident reconstructionist can be crucial if the wrongful death was caused by a traffic accident or any incident requiring a thorough understanding of the events leading up to the tragedy. They analyze evidence and traffic law violations, examine the scene, and reconstruct the accident to determine how it occurred and who may be at fault.
Safety Expert:ย
A safety expert may help explain the safety issues if a wrongful death occurs in aย construction project.
Trucking Regulation Expert:ย ย
Many fatal 18-wheeler accidents involve one or more violations of the minimum safety standards for truck drivers and motor carriers. Personal injury lawyers with expertise in trucking accidentsย often use trucking experts to explain the violations to the court.
Damages Experts:
Medical Expert:ย
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 defendantโs actions deviated from that standard, resulting in the wrongful death.
Survival Case Proof:
Survival cases require the same proof as a personal injury case โbasically, testimony from treating physicians about the cause of the injuries and the nature of the injuries.
What the familyโsย wrongful death lawyer or attorney must prove is that 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.
We work with the most respected liability and damages experts in Texas. Contact us to discuss your case.
Wrongful Death vs. Criminal Charges: Understanding the Difference
Losing a loved one due to someone elseโs 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.
Negligence and Intentional Acts
In Texas, two primary legal theories can be used to establish a fatal accident claim: negligenceย 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.
Criminal Punishment Can Be Severe in Fatal Accidents
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:
- Hit-and-run accidents with a fatality
- Drunk driving accidents
- Murder
- Manslaughter
- Criminally negligent homicide.
If the defendant is charged criminally, the outcome of the criminal case is separate from a civil wrongful death lawsuit. A civil damage case can proceed even if the defendant is found โnot guiltyโ in a criminal case.
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Related Links
- What You Need to Know About Wrongful Death Cases in Texas
- 7 Key Factors To Consider When Hiring Houston's Top Wrongful Death Attorney
- Filing a Wrongful Death Claim After a Car Accident in Texas
- How to Choose the Right Attorney for a Wrongful Death Claim
- Who Gets the Money in A Wrongful Death Lawsuit In Texas?
- How Duty of Care Affects Negligence Claims
- The Process of a Wrongful Death Lawsuit in Texas
- What Are Non-Economic Damages in Texas?
- Mental Anguish Damages in Texas
- What Are Punitive Damages in Texas?
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About Our Law Firm in Houston
Houston personal injury attorney Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
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