Wrongful Death Lawyer

Wrongful Death Lawyers Of Texas

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How Do You Prove Wrongful Death?

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Have you lost a loved one due to someone elses negligence?

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Wrongful Death Lawyers Of Texas will fight for the largest verdict or settlement possible.

How Do You Prove Wrongful Death?

The plaintiffs in a wrongful death lawsuit must satisfy the same burden of proof as if the victim were still alive. A wrongful death case is made up of four elements, according to the law. Each of these components must be proved by the surviving members who are filing a lawsuit or making a claim.

What Is A Wrongful Death Lawsuit?


A wrongful death claim is one in which the surviving family members may seek justice for a loved one who died due to someone’s negligence or violence. During these claims, a personal representative of the deceased’s estate is frequently named.

In order to be able to file a wrongful death claim, a person must have suffered an injury or loss of life that was not the result of another individual’s negligence. Not all fatalities, even those caused by carelessness, are eligible for such action. In order to be granted, these claims must satisfy particular requirements.

The Four Essential Elements Of Wrongful Death Claims


The following are the four elements that must be proved in order to bring a legitimate wrongful death claim:

  • Negligence

In cases of wrongful death, we must show that the victim’s family member died as a result of the defendant’s carelessness, recklessness, or negligence.

  • Breach Of Duty

In order to win a case for wrongful death, the claimants must show that the defendant had a duty to the victim. Motorists, for example, are required by law to drive safely and obey traffic regulations. Physicians and other medical health professionals have an obligation to preserve a patient’s health.

The plaintiff must show that the defendant owed him duty and that this duty was violated as a result of his or her carelessness.

  • Causation

Furthermore, in order to show that the defendant’s duty was violated towards the victim, the plaintiff will be required to demonstrate how the defendant’s carelessness resulted in their loved one’s death.

  • Damages

The death of the victim will also need to result in quantifiable damages in order to establish a wrongful death claim. This might include things like:

  • Hospitalizations
  • Medical expenses
  • Burial costs
  • The cost of a funeral
  • Loss of income
  • Loss of potential earnings
  • A loss of protection, guidance, and inheritance
  • Pain and suffering of the victim before their death

These issues can be addressed in a wrongful death lawsuit in court by producing strong and convincing evidence. Some of the evidence may need the expertise of expert witnesses to authenticate it. A personal injury lawyer will assist you in building your case based on the facts and evidence that you provide.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 294-2981

Common Causes Of Wrongful Death

Wrongful death claims may be brought for a variety of reasons. Each sort of lawsuit will need the same four basic components in order to prove wrongful death. The following are some examples of causes of wrongful death claims:

  • Birth injuries
  • Medical malpractice
  • Motorcycle, commercial truck, or automobile accidents
  • Occupational hazards
  • Occupation exposure
  • Product defects
  • Premises accidents
  • Supervised activities such as adult care, daycare, and field trips
  • Abuse and neglect at assisted living or nursing home facilities
  • Criminal actions such as stabbings, shootings, or other violence

Burden Of Proof


A wrongful death lawsuit is a civil action, not a criminal one. As a result, the burden of proof is reduced. The significance of the evidence presented in a wrongful death lawsuit may be enough to win it without the higher standards that are required in criminal cases where a person must be convicted beyond a reasonable doubt.

There are several stages involved in order to demonstrate a case of wrongful death. This includes formulating a strategy for the case, thoroughly investigating the allegations, consulting with experts, meeting with witnesses, and researching tort law.

A wrongful death lawsuit will be launched through the legal system, which might include negotiations, demands, and a settlement of the claim. If the parties are unable to reach an agreement, a case may be filed and proceeds to trial.

How Are Wrongful Death Settlements Paid Out?


Wrongful death lawyers get a payment for damages from the at-fault party’s insurance company and then deduct their own costs before paying the agreed-upon amount to the plaintiffs in the case. These funds will be paid directly to the plaintiffs and not to the decedent’s estate.

You will not have to pay income, estate, or inheritance taxes on the amount if you receive a wrongful death payment.

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Who Can File A Wrongful Death Suit?


In Texas, the person who can bring a wrongful death lawsuit can be the deceased’s spouse, parents, or children. Siblings and other members of the estate or those named in the deceased’s will are not able to filing a wrongful death suit. 

How Much Can You Sue for in a Wrongful Death Claim?


The day that your loved one passes away, you might be entitled to compensation if you are not covered by another policy. The amount of money involved in the death of a loved one is subtracted from your life insurance cash value first. Your pain and suffering damages are then calculated based on this figure. The multiplier or per diem approaches will be used by your lawyer for wrongful death and the at-fault party’s insurance to arrive at this amount.

Contact Wrongful Death Lawyers Of Texas For Legal Representation

In a serious accident, the quality and quantity of evidence are important. As a result, it is advised to seek legal assistance for your wrongful death claim.

A wrongful death lawyer will work with you to construct a case around the evidence, demonstrating that the burden of proof has been satisfied. If the burden of proof is not met, no compensation may be awarded. It’s critical to gather any proof necessary to show that the defendant’s carelessness caused the death in question.

A wrongful death lawsuit may get complicated quickly. That is why it’s critical to have someone on your side who knows how these sorts of claims are handled and what to anticipate. 

At Wrongful Death Lawyers Of Texas, we know how difficult these situations are, and we can assist you in obtaining all of the necessary documentation to help build your case. Contact us today. 

To get started, call Wrongful Death Lawyers Of Texas at (888) 294-2981 to schedule your free case evaluation.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 294-2981

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