The death of a family member or loved one is always tragic and heartbreaking. This is especially true when the death occurred in an unexpected accident. One of the questions people often find themselves asking in these situations is “what do I do next?” You might also be wondering what qualifies as wrongful death?
“Wrongful death” is a civil action you can take to seek damages when another party’s negligent actions or carelessness resulted in the death of another. Wrongful death can occur in a number of situations, but the most common examples are automobile accidents, defective consumer products, workplace injuries, slip and fall, etc. It is important to remember that these claims are sought in civil court to recover financial damages. Wrongful death cases are not pursued in criminal court to establish criminal responsibility. This is always a separate case.
Proving Wrongful Death
In Texas, the statute of limitations on a wrongful death claim is two years. Obviously, the sooner you file a claim, the better. Two years might sound like a long time, but given everything that goes into the case, two years can come and go quickly. In a wrongful death claim, you need to prove the same elements of personal injury lawsuits.
Duty: The defendant owed the deceased party a duty of care.
Breach of duty: Evidence that the defendant breached this duty of care.
Proving causation: The plaintiff must demonstrate how this breach of duty caused harm to the deceased party.
Proving damages: The Plaintiff must prove that the deceased suffered damages. In a wrongful death case, the obvious damage is that the person was killed, but there might be other damages involved. It’s always best to discuss the details of your case with an attorney to better determine what your case is worth.
Contact The Law Giant Today for your wrongful death case
A Texas wrongful death case is a complex task. Allow the Begum Law Group to take care of this while you focus on recovering. We will fight for you to be compensated fairly for this damage, as well as other types of harm you have suffered as the result of someone else’s negligence. Contact us today at (866) 243-8068 to schedule a free, initial consultation of your case.