What You Must Show to Recover Full and Fair Compensation after an Accidental Death
To successfully recover full and fair compensation at trial after the death of a loved one, you’ll need to prove all the elements of a wrongful death claim. A wrongful death claim, filed in the civil courts, seeks to compensate you for losses you have suffered because of the accidental death of another person. As a general rule, in Texas, you may only file a wrongful death claim if you are the spouse, child or parent of the deceased, or are the personal representative of the deceased’s estate.
The Required Elements of a Wrongful Death Claim in Texas
Wrongful death in Texas is governed by the Texas Wrongful Death Act. Though surviving family members may always file a wrongful death lawsuit when a loved one was intentionally killed, most wrongful death claims are based on a legal theory of negligence. To establish negligence in a wrongful death case, you must prove:
- That the defendant (person from whom you seek damages) breached a duty of care—As a general rule, most persons in society are held to a duty of reasonable care in all actions. To prove breach of duty, you must typically show that the defendant failed to act as a reasonable person would in the same circumstances.
- That the breach of the duty of care caused an accident—You must show both actual cause and proximate cause. Actual cause requires that you prove that the accident would not have happened if the defendant had exercised reasonable care. Proximate cause requires that you show that the accident and injuries were “reasonably foreseeable” as a consequence of the breach of duty.
- You must show that the breach of duty and the accident it caused led to the death of your loved one. You must also show that you qualify to file a wrongful death claim because of your relationship with the deceased.
Let Attorney Michael De La Paz Help Protect Your Rights after Any Type of Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide. We have a comprehensive understanding of the challenges involved in a wrongful death lawsuit, and will help you seek full and fair compensation after the death of a loved one. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Accident Cases Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma
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