How to Prove Negligence in a Texas Wrongful Death Claim

It goes without saying that filing a lawsuit for wrongful death may be complicated and emotionally fraught. A lawsuit or claim for wrongful death seeks compensation or damages against the person or parties determined to have caused or contributed to the victim's death (in the form of monetary compensation for lost income, for example).

So, the responsible or guilty party may be held liable for damages such as lost pay, burial expenses, loss of earning potential, mental trauma or emotional anguish, and more. But if you have concerns about filing a wrongful death claim, do not hesitate to contact an attorney.

Don't wait to get in touch with the wrongful death lawyers at Rasansky Law Firm for a free consultation if a loved one has died in an accident in Texas. After hearing and reviewing the specifics of your case, we will determine if we can help you in seeking justice via a claim or lawsuit for wrongful death.

If we agree to represent you, we will do so on a contingency fee basis, which means you will not be required to pay until we win your case.

Keep in mind that you can trust the knowledge of our attorneys at the Rasansky Law Firm when it comes to a subject as difficult and important as a wrongful death lawsuit.

How Does Texas Define Wrongful Death?

So, what is wrongful death? A wrongful death in Texas is essentially the result of the misconduct or negligence of another individual, corporation, or organization. This might involve carelessness, intentional misconduct, or any other kind of neglect.

A lawsuit or claim for wrongful death seeks compensation or damages against the person or parties determined to have caused or contributed to the victim's death (in the form of monetary compensation for lost income, for example). So, the responsible or guilty party may be held liable for damages such as lost pay, burial expenses, impaired earning ability, mental anguish, and more.

Why is this important? Well, had the victim not died directly as a result of their injury, they would have been able to emotionally and financially support their family for the duration of their life. In this situation, families often endure financial challenges in addition to the emotional agony of losing a loved one.

Wrongful Death Statutes in Texas

The appropriate parties might pursue wrongful death claims under Chapter 71 of the Texas Civil Practice and Remedies Code if another person or company's unlawful activities, negligence, incompetence, omission, or default caused the death.

Again, in Texas, a wrongful death occurs when a loved one dies due to someone else's carelessness, such as a drunk driving accident, distracted driving collision, hospital or medical misconduct, or a faulty and hazardous product.

In addition, only specific parties are permitted to file a wrongful death claim under Texas law. Some members of the deceased's family are permitted to pursue wrongful death lawsuits in Texas. This includes the parents, children, and surviving spouses of the dead.

Adoptive parents may potentially pursue legal action for the wrongful death of their adopted child. The surviving family members may bring these claims individually or collectively with the assistance of wrongful death lawyers.

Filing a Wrongful Death Claim in Texas

Anyone who files a wrongful death case in Dallas must have a valid proof of the claim's precise elements and details. Additionally, they must present their argument and defend it in court (typically and, importantly, with the help of an attorney).

In the majority of cases, a plaintiff (or the surviving family members of a dead person eligible to file) must establish that the responsible party acted or did not act in a certain way, therefore causing the incident that resulted in the death of their loved one. For instance, you may need to prove that a drunk driver who caused a deadly car accident was negligent because their blood-alcohol level was over the Texas legal limit.

Our attorneys at Rasansky Law Firm have in-depth knowledge of wrongful death lawsuits, and we know how to prepare and fight for you and your family. If you have any questions or concerns regarding how to submit a wrongful death claim in Dallas, Texas, please get in touch with our wrongful death attorneys in the Dallas region as soon as possible.

Establishing Negligence in a Claim for Wrongful Death

Therefore, how can a plaintiff establish negligence? Negligence is the failure to exercise the degree of care that a reasonable person would in a similar circumstance. In other terms, negligence is fundamentally a person's or entity's lack of care or recklessness. A person's lack of intent to cause the death of a loved one does not absolve them of legal responsibility.

For a wrongful death case alleging negligence to be successful, all four elements of negligence must be established: duty, breach, causation, and damages.

Your attorney will first show that the defendant had a duty of care to your loved one. A duty of care is the requirement to act in a way that would keep the average person safe or as a reasonable person would in the same or comparable scenario.

All persons are required by law to prevent foreseeable harm to others. To establish negligence, your attorney will demonstrate that the allegedly negligent person owed you a duty of care, that they broke that obligation, and that this violation caused the death of your loved one. Damages will ultimately be determined by the effects of your loved one's death, including lost pay, emotional anguish, medical expenditures, and funeral expenses.

Contact a Wrongful Death Attorney in Dallas

Our team of experienced wrongful death lawyers in Dallas is pleased to represent clients in all sorts of personal injury situations. We have committed ourselves to assisting victims in obtaining the justice they deserve, and we will be by your side throughout the intricate legal processes that follow a fatal accident.

After the death of a loved one in Dallas County, if you have suffered mental anguish, loss of consortium, or other damages, we may assist you.

What's more, our attorneys at Rasansky Law Firm are willing to discuss your potential case with you and your family for free. Our competent and empathetic staff can address any questions you may have about future legal services for you and your loved ones. Call our team immediately at (214) 617-1886 to get started.



2525 McKinnon Street #550 Dallas, Texas 75201

Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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