When a Texas resident dies in an accident or through some other reckless condition, their estate can file a wrongful death claim against the responsible part. Like a personal injury case, this requires that the plaintiff prove that the defendant was negligent. The standard that must be met is the same four-part test from any negligence case.
The first thing that a plaintiff must show is that the defendant owed them a duty of care. This is not an extremely difficult test to meet. For example, a driver owes a duty of care to all other drivers on the road. The more difficult part comes with having to prove that the defendant breached the duty of care. This is generally shown by proving that they acted in an unreasonable manner. For instance, a reasonable driver does not speed behind the wheel.
Next, the plaintiff must demonstrate that there was an injury, a standard that is pretty much automatically met in wrongful death cases. Finally, the plaintiff must prove that they would not have been injured but for the acts or omissions of the defendant. In order to prevail, the litigant must show that quantifiable damages have been suffered. When one shows that the defendant is negligent, they will be liable in a wrongful death case.
One should hire a wrongful death attorney to help them file the case in court. The attorney could help them recover all of the damages that were suffered when their loved one was killed due to someone else’s negligence. The attorney could work on a contingency basis, meaning that they are not paid unless their client is able to receive some financial compensation. An attorney cannot bring a loved one back, but they can work to make sure that the family is paid for their loss.