How do you prove wrongful death?

To prove a wrongful death case in Texas, let us revisit the definition of wrongful death. It is the death of a person that occurs as the result of a wrongful act due to “neglect, carelessness, unskillfulness, or default.” To build a case for wrongful death, you must first establish that a party’s action was either neglectful, careless, unskillful, or failed to uphold a legal duty to act with reasonable caution. An experienced lawyer can tie these terms to the specific facts of the accident.

An attorney will need to find evidence to back up the claim that the death was, in fact, caused by negligence. This evidence may come in the form of police reports, medical paperwork, photos, video surveillance footage and witness accounts. Once the evidence has been assembled, it must point towards the following:

• The party responsible owed a legal duty of care to the victim.
• The legal duty of care was breached by the party.
• The party’s breach resulted in the accident/injuries that caused the death of the victim.
• The death of the victim resulted in losses.

A compassionate attorney at Herrman & Herrman can evaluate the circumstances that took your loved one’s life and discuss whether a wrongful death claim is in order.