According to Texas Statutes, a Wrongful Death Lawsuit is the pursuance of compensation for an individual’s “wrongful act, neglect, carelessness, unskillfulness, or default,” that causes a death. Wrongful act can be better understood as a malicious, intentional action. This legal proceeding often follows from fatal truck, motorcycle or car accidents. Importantly, Wrongful Death is a civil action, not criminal. The lawsuit requires legal support for three necessary components.
Negligence and a Breach of Duty
The individual who is alleged to cause the wrongful death must have shown neglect and recklessness in their actions. In addition, the individual must have displayed a breach of duty, for example, breaching their duty as a driver by choosing to break the law and drive intoxicated. In the Texas Statutes, unskillfulness may fall under both of these categories as an individual whose unskillful actions show neglect or a breach of duty. Default is simply another legal word for breach of duty.
Causation
Evidence must exist that proves that a loved ones death was the direct result of the individual’s neglectful actions. It is not enough to show the court an individual breached their duty, they must also have been the proximate cause of death.
Damages
In order for a Wrongful Death lawsuit to proceed, quantifiable damages must be proven before the court to assess possible compensation. This includes medical costs such as hospitalization and funeral and burial expenses. Damages also include the lost wages of the deceased, potential losses in income and lost potential inheritance. Additionally, compensation for emotional pain experienced by family members following the death of a loved one is considered.
Reaching a favorable resolution in Wrongful Death cases requires attorneys who can build strong and credible arguments. Our law firm is here to help you every step along the way, contact us for a legal consultation.