In a Texas wrongful death lawsuit, an attorney must be able to establish four things:
- A human being has died.
- The death was a result of a third party’s negligence.
- The decedent has surviving family members.
- The decedent’s surviving family members have suffered harm because of the death.
A person is negligent if their conduct departed from the conduct that could be expected from a reasonable person in the same circumstances. In less technical terms, your Texas wrongful death attorney will be proving that the defendant was acting carelessly and the decedent died as a result of that carelessness.
The theory of negligence is the basis for holding a person legally responsible in wrongful death lawsuits as well as any Texas personal injury lawsuit. All of us have a general duty to those around us to act in a reasonably safe manner. If a person fails to do so, and someone is killed as a result, then a Texas wrongful death claim may arise.
If you have lost a loved one to the negligence of a third party, contact Fears Nachawati today to learn more about wrongful death lawsuits. We will provide you with a free, no obligation legal consultation. Simply email us at email@example.com or call us on our toll-free hotline at 1.866.705.7584.