How Can I Prove Negligence in a Wrongful Death Lawsuit?

How Can I Prove Negligence in a Wrongful Death Lawsuit

Nobody ever thinks they will be in a position to file a wrongful death lawsuit. When we hear about tragedies that have happened to other people, we can usually recognize that these things do happen and still never believe they will happen to us. Indeed, shock and denial are usually the first emotions we feel after hearing that a loved one has died under tragic and unexpected circumstances.

If you do find yourself in the situation of having to decide whether to take legal action after the wrongful death of a spouse, parent, or child, you may be unsure of where to begin. Gathering evidence and dealing with a case in court may seem like an insurmountable challenge as you deal with overwhelming grief. At Hartley Law Firm, we understand this, and we can help. To learn more about proving negligence in wrongful death cases, read this blog and then contact our firm and allow us to do the difficult work for you.

What is Wrongful Death?

In Texas, a party is liable for the death of another party if the death was caused by the first party’s negligence, carelessness, lack of skill, wrongful act, or default. But while the responsible party’s actions are an essential part of a case, there are other elements of a wrongful death case as well.

Each wrongful death case must prove four elements to be successful. These are:

  • Duty of Care – The party responsible for causing the wrongful death must have owed the deceased party a duty of care. People with a duty of care can range from doctors, who have a responsibility to provide a standard of medical care to patients, to vehicle drivers, who have a duty of care to other drivers to follow the laws of the road.
  • Breach of Duty – The party responsible for causing the wrongful death must have breached their duty of care. This can be a somewhat subjective standard, but a jury will consider whether a “reasonable person” would have acted in the same way as the responsible party, or whether they would have acted with greater care.
  • Causation – The aforementioned breach of duty must be shown to have caused the deceased party’s death. This means the responsible party foresaw or should have foreseen, that the death could have been a consequence of their negligence; or that the death would not have occurred but for the responsible party’s behavior.
  • Damages – The last element in a wrongful death suit is the damages. This is often the easiest to prove, as it includes many areas of loss and damage such as funeral expenses, medical expenses, pain and suffering, loss of companionship, loss of financial support, and more.

Call a Carrollton, TX Wrongful Death Attorney

After a beloved family member has suddenly died in a tragic accident, the last thing you may want to deal with is a lawsuit. This is where Hartley Law Firm comes in. We give you the attention and client service of a small law firm while providing the experience and relentlessness of a major law firm, and we will do the hard work of bringing a lawsuit so you can focus on recovering from your loss. Call our offices at 469-289-6063 to schedule a free consultation and learn more about how our Carrollton, TX wrongful death attorneys would manage your case.


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