If your spouse, parent, or child has died as the result of someone else’s actions, you may be entitled to wrongful death compensation. Consulting with an experienced wrongful death attorney can help you understand your legal options and rights in these difficult circumstances. While no amount of money can bring your loved one back, this compensation can help cover funeral expenses and allow you to get back on your feet following the loss of the deceased’s income. Contact Lucé Law, PC to find out what your options are if you are in this situation.
Elements of a Wrongful Death Case
In order to successfully win this type of lawsuit, you and your attorney must demonstrate the following to the court:
- Someone died. Obviously, there is no case without your loved one’s death.
- You were an immediate relative of the deceased. In most states, only an immediate relative (a parent, spouse or child) is entitled to this type of compensation.
- The death occurred as the result of someone else’s actions.
- The death was preventable.
How Negligence Is Determined in Wrongful Death Cases
In order to win your case, you’ll have to prove that the other person was negligent. Negligence occurs when someone’s actions hurt or kill another person and the injury was preventable had the person taken reasonable precautions.
For example, if a car spins out of control because of weather conditions and kills a pedestrian, you probably don’t have a case if the car was maintained properly. If a drunk driver kills a pedestrian, however, you may have a case because drinking and driving is preventable.
In Texas wrongful death cases, proving negligence is the primary responsibility of your legal team. Attorneys must show that the claim of wrongful death is more likely true than not. The four elements of negligence – duty of care, breach of duty, causation and damages – must be established, as outlined in our guide to filing a wrongful death lawsuit.
For example, in a wrongful death case involving a car accident, the plaintiff must demonstrate that the driver had a duty to drive safely, breached that duty by driving recklessly, that this action caused the death – and that this loss of life led to damages for the deceased party’s surviving spouse, children or parents.
Compared to criminal cases the required standard of proof is lower. The plaintiff doesn’t need to prove beyond a reasonable doubt, but instead must meet the standard of preponderance of evidence. While the standard of proof might be lower, it still presents a challenge for a personal injury attorney, requiring robust evidence and a compelling argument.
Trusted Wrongful Death Attorneys in McKinney
Many deaths occur each year because of medical errors or injuries due to defective products. You may be entitled to compensation for these types of injuries. The attorneys at Lucé Law, PC utilize their expertise in awsuits and other types of accidents to ensure you get the compensation you are entitled to. If you need a McKinney accident attorney, contact Attorney Joe Lucé online or call (972) 632-1300 today.
