Texas Wrongful Death Lawyers

Is Justice Possible in Wrongful Death Cases?

The attainability of justice in wrongful death cases can be a complex and nuanced issue. Wrongful death cases involve a situation where someone has died due to the negligence, recklessness, or intentional actions of another party. The pursuit of justice in these cases typically involves seeking compensation for the surviving family members and holding the responsible party accountable for their actions.

Here are some factors to consider regarding the attainability of justice in wrongful death cases:

• Legal System: The ability to attain justice in wrongful death cases largely depends on the legal system in place. Different countries and states have varying laws and regulations governing wrongful death claims, which can affect the outcome.
• Burden of Proof: In many jurisdictions, the burden of proof in wrongful death cases is on the plaintiff (the surviving family members). They must demonstrate that the defendant’s actions directly caused the death and that the defendant was negligent or intentionally harmful.
• Compensation: One aspect of justice in wrongful death cases involves compensation to cover economic losses such as medical expenses, funeral costs, and lost income. However, the adequacy of compensation can vary widely based on factors like insurance coverage, the defendant’s assets, and the judgment awarded by the court.
• Accountability: Justice in wrongful death cases often involves holding the responsible party accountable for their actions. This may include public awareness of their wrongdoing, reputational damage, and, in some cases, punitive damages to deter similar behavior in the future.
• Legal Representation: The quality of legal representation on both sides can significantly impact the pursuit of justice. Skilled attorneys can help ensure that the case is properly investigated, evidence is presented effectively, and the legal process is followed correctly.
• Emotional Closure: For surviving family members, justice may also involve emotional closure, knowing that the responsible party has been held accountable and that steps have been taken to prevent similar incidents from occurring in the future.

It’s important to note that while the legal system aims to provide a framework for justice in wrongful death cases, achieving a sense of closure and justice can vary from case to case. Some cases may result in settlements, while others may go to trial. The outcome can be influenced by many factors, including the strength of the evidence, the competence of legal representation, and the willingness of the parties involved to negotiate or litigate.

Who Can File a Wrongful Death Lawsuit in Texas?

In Texas, a wrongful death claim can be filed by specific individuals who are directly related to the deceased person. According to the Texas Civil Practice and Remedies Code Section 71.004, the following individuals are eligible to file a wrongful death claim:

1. Surviving Spouse: The spouse of the deceased person can file a claim. This includes a legally married spouse or a common-law spouse recognized under Texas law.
2. Children: Both biological and legally adopted children of the deceased person can file a claim. This includes minor and adult children.
3. Parents: The biological or adoptive parents of the deceased person are also eligible to file a wrongful death claim.

If none of the above parties file a wrongful death claim within three months of the date of death, the personal representative (executor or administrator) of the deceased person’s estate can file the claim unless a surviving family member specifically requests that no claim be filed.

The court or the jury will determine the appropriate share of damages for the surviving spouse, children, and parents, taking into account factors such as financial dependency, emotional impact, and the relationship with the deceased. If the beneficiaries cannot agree on the distribution, the court will intervene to ensure a fair allocation of the awarded damages.

Keep in mind that a wrongful death lawsuit can be settled out of court in Texas. Settlements are often a preferred resolution method as they can provide quicker compensation and avoid the uncertainty and expense of a trial. Both parties can negotiate a settlement amount compensating the survivors for their losses. The beneficiaries should work with an experienced wrongful death attorney during the settlement negotiations to ensure their interests are adequately represented and they receive fair compensation for their losses.

The Importance of Holding Those Accountable

One of the most crucial aspects of a wrongful death claim is holding the responsible parties accountable for their actions. Whether it was a car accident with a negligent driver, a healthcare professional who failed to provide adequate care, or a manufacturer who produced a defective product, it is essential to ensure that they are held responsible for the harm they caused.

​​Holding those accountable in wrongful death cases is crucial for justice, deterrence, and societal protection. It ensures that responsible parties face consequences for their actions and acts as a deterrent to prevent similar wrongdoings in the future. Accountability provides closure for grieving families and eases their financial burden through compensation. It also promotes transparency, accountability, and the establishment of legal precedents within the legal system. Ultimately, it upholds the public’s trust in the legal system and helps protect society from dangerous behaviors and systemic issues while promoting fairness and justice for those affected by wrongful deaths.

How Do You Prove Wrongful Death?

Proving wrongful death what typically involves establishing several key elements through evidence and legal arguments. 

While the exact requirements may vary by jurisdiction, here are the general steps and considerations involved in proving wrongful death:

• Duty of Care: Establish that the defendant owed a duty of care to the deceased person. This means showing that the defendant had a legal obligation to act reasonably or provide a certain standard of care to prevent harm to the deceased.
• Breach of Duty: Demonstrate that the defendant breached their duty of care. This involves showing that the defendant’s actions or negligence fell below the expected standard of care, leading to harm or death.
• Causation: Prove that the defendant’s breach of duty was the proximate cause of the wrongful death. In other words, establish a direct link between the defendant’s actions (or inaction) and the death.
• Damages: Document the damages suffered as a result of the wrongful death. This may include medical bills, funeral expenses, lost income, and the pain and suffering of the deceased before their death.
• Negligence or Wrongful Act: Show that the death resulted from negligence, recklessness, intentional harm, or a wrongful act committed by the defendant. This element helps distinguish wrongful death from natural causes.
• Expert Testimony: In many cases, expert witnesses, such as medical professionals or accident reconstruction experts, may be called upon to provide testimony that supports the plaintiff’s claims regarding causation and damages.
• Eyewitnesses and Documentation: Gather eyewitness accounts, documents, photographs, videos, and other evidence that can corroborate the circumstances surrounding the death and the defendant’s actions or negligence.
• Legal Representation: Hire a skilled attorney experienced in wrongful death cases. Legal professionals can guide you through the legal process, collect evidence, and build a strong case on your behalf.
• Statute of Limitations: Be aware of the statute of limitations for wrongful death claims in your jurisdiction. Filing within the specified timeframe is crucial to pursuing a case.
• Burden of Proof: Understand that the burden of proof typically rests on the plaintiff (the party bringing the lawsuit). You must convince the court, often by a preponderance of the evidence, that the wrongful death occurred as a result of the defendant’s actions or negligence.

At Hilliard Law, we understand the complexities and emotional challenges involved in wrongful death cases. Pursuing a wrongful death claim can be difficult, and the legal process can be intricate. An experienced attorney can help you navigate this challenging journey, guiding you through the legal requirements and nuances to establish your case and seek justice for your loved one.

Losing a family member is a devastating experience, and we are here to assist you in seeking justice on behalf of the deceased and their surviving family members.

How to Prove Liability in Texas Wrongful Death Cases

Proving liability in wrongful death cases is a complex process that requires a thorough investigation and careful presentation of evidence. Establishing liability is central to a successful wrongful death lawsuit. Wrongful death attorneys understand the burden of proof required to hold the responsible parties accountable.

Attorneys start by gathering all available evidence related to the death. This may include police reports, medical records, witness statements, and any other relevant documentation. They then carefully analyze this evidence, looking for any signs of negligence or wrongdoing.

In addition to gathering evidence, attorneys also interview witnesses to get a clearer picture of what happened leading up to the death. They may consult with professionals in various fields, such as accident reconstruction professionals or medical professionals, to help establish a clear link between the defendant’s actions and the death.

Once all the evidence has been collected and analyzed, attorneys use their skills to present a compelling case in court. They craft persuasive arguments, cross-examine witnesses, and present evidence in a way that supports their client’s claim of liability.

Proving liability in a wrongful death case can be a challenging task, but with the help of a skilled attorney, the chances of success are greatly increased. Through their experience in gathering and analyzing evidence, wrongful death attorneys can construct a compelling narrative that supports the family’s claim and establishes the negligence or wrongful actions of the responsible party.

What Damages Can Be Recovered in a Wrongful Death Claim?

Damages in wrongful death cases are for losses you suffer as a survivor of the deceased. Some losses are measurable — a widow could seek to recover the financial support she would have received had her spouse lived. Other damages are less tangible. 

Recoverable damages can include:

• Direct expenses: medical bills and funeral costs
• Loss of benefits: income the person could have received in pension/retirement benefits had he or she lived
• Loss of future earnings: income the deceased would have earned if he or she had lived
• Loss of companionship: the emotional support (love, care, comfort, protection, etc.) that the deceased would have provided to a relationship and the mental pain and suffering resulting from the person’s death
• Punitive damages: the amount the party responsible for the death should pay as punishment

Calculating the monetary value of damages is an extremely complex undertaking, best entrusted to a legal team with many years of experience trying wrongful death cases. Hilliard Law can provide that team.

What Steps are Involved in a Wrongful Death Case?

Filing a wrongful death claim can be a complex process.