What Constitutes Wrongful Death Under Texas Law?

Do you suspect you may have a wrongful death claim? A lawyer in McAllen, TX, explains some of what you might need to know.

Wrongful Death: The Legal Definition

Texas law defines wrongful death as when a person dies due to the negligence, recklessness, or intentional act of someone else. The key element is that the death could have been prevented if the responsible person had acted differently.

The most common foundation of wrongful death suits is negligence: failing to act in a way that a reasonable person would under similar circumstances. Claims related to traffic accidents, medical malpractice, dangerous working conditions, product defects all are based on negligence.

What Is Required to Prove Wrongful Death

Proving negligence requires establishing four key elements. First you must show that the other party had a duty of care to the deceased. For example, in a traffic accident, all drivers automatically have a duty of care to others on the road. The second element is establishing that there was a breach of duty, such as a distracted driver who is on the phone and runs a red light.

Next, you must prove causation: the breach of duty directly caused the death. This means that if the defendant had acted differently, the death would not have happened. The final element that must be established are the damages that were suffered as a result of the death. These might include emotional harm, loss of companionship and financial support, or the potential future earnings of the deceased.

Who Can File a Wrongful Death Claim

Texas permits immediate family to make a claim, or the personal representative of the deceased’s estate. Immediate family is defined by Texas law as the surviving spouse, the children, whether biological or adopted, and the parents.

The Statute of Limitations

In Texas, the statute of limitation’s for a claim is two years from the date that the death happened. The statute of limitations is the period of time in which lawsuits may be filed. The purpose is fairness, since after time passes, evidence disappears and memories fade or get confused. This makes it much harder to accurately work out what really happened.

Why Hire a Personal Injury Attorney in McAllen, TX

If you are considering filing bringing a claim, consult with an attorney first to determine if you have a valid case and to assess your chances of winning. If they think you should proceed, ask for their assistance in gathering the evidence you will need to support the claim, since they will know what documentation to collect as well as what questions to ask witnesses. They can also help you in negotiating, whether with an insurance company or with the defendant’s lawyer, and will represent you in court if necessary.

If you are in need of advice or legal help related to a wrongful death lawsuit, contact the Almaraz Law Firm in McAllen, TX. We also serve the San Antonio area.

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