Individuals that have lost a loved one due to the negligent actions of another part may be entitled to financial compensation from the negligent party. Statute section 71.001 defines wrongful death in Texas as a death that is caused by the carelessness, default, neglect, or wrongful act of another person.
In a wrongful death case, the person bringing the lawsuit isn’t the victim, but a personal representative acting on behalf of the victim’s family. While that fact differentiates a wrongful death case from other types of personal injury cases, they are all governed by tort law. This means a plaintiff in a wrongful death case must be able to prove the same four elements of a personal injury lawsuit, but with minor variations.
When a loved one dies, it is a terrible time for everyone in the family. The fact that the loved one died because of someone else’s negligence makes the grieving process even worse. In Texas, a loved one has the right to file a wrongful death claim. A wrongful death is any type of death caused by neglect, wrongful act, unskillfulness or carelessness.
There is no question that the loss of a loved one can affect many people. When it comes to legal territory, if the passing of your loved one was due to the negligence or wrongdoing of another individual, it could be even more disheartening. There could be a flood of emotions present, including anger and a need for the responsible party to be held accountable.
While the question may seem complex, the answer is actually quite simple: Under Texas law, any person whose wrongful act, neglect, carelessness, unskillfulness, or default causes the death of another can be held responsible for a wrongful death. In addition, the agent of the person whose wrongful act, neglect, carelessness, unskillfulness, or default causes the death of another can also be held responsible for a wrongful death.
There is nothing that is more soul-crushing than, losing a loved one. It is even harder to come to terms with when the death was a result of negligent actions from a party that could have been completely avoided. If you feel that a loved one lost their life because of the careless, negligent, unskillful […]
“I couldn't have asked for a better law firm or attorney. Thanks guys!!!”
