How Do You Prove Wrongful Death?
If you lost a loved one due to someone else’s actions, you could be able to get compensation through a wrongful death claim. However, in order to secure compensation, you may need to “prove” that a wrongful death occurred. This raises the question: how do you prove wrongful death?
Review the steps necessary to prove wrongful death in Dallas by checking out this article. Consider the elements of a wrongful death suit right now.
Elements to Prove Wrongful Death in Dallas
In order to secure compensation for a wrongful death claim in Dallas, it must be shown that:
- Someone else acted in a wrongful way
- The individual’s actions caused your loved one’s death
Additionally, in order to have a wrongful death claim, you must have lost a close family member. If all of these elements are in place, you may be able to seek compensation for a wrongful death that occurred as a result of a car accident in Dallas.
Establishing Wrongful Actions in Texas
You may only be able to secure compensation after the loss of a loved one if an individual took an action that put your family member in a dangerous situation. According to Chapter 71 of the Texas Civil Practice and Remedies Code, this may occur if someone acts in a way that demonstrates:
- Neglect
- Carelessness
- Default
- Unskillfulness
This means that an individual could cause a wrongful death without acting intentionally. Careless behavior — such as not looking before changing lanes on the highway — could be enough to bring a wrongful death claim against someone in Dallas.
However, you may only be able to get compensation if it is proven that a driver did act in a wrongful way and that their wrongful actions led directly to the loss of your loved one’s life.
Family Members Bear the Burden of Proof in Dallas
In order to get compensation for wrongful death in Dallas, you or your lawyer must be able to show that someone else caused your loved one’s death. You bear the burden of proof when it comes to wrongful death cases. The individual who caused the accident does not have to prove that they did not act in a wrongful way; you must prove that they acted in a dangerous way.
A lawyer may help you meet the burden of proof for wrongful death cases. Your lawyer may be able to investigate what happened by:
- Visiting the scene of the accident
- Reviewing the police report about the collision
- Speaking with witnesses who saw the wreck
Collecting evidence regarding what happened in the collision may allow you to build a strong wrongful death claim.
Who Can Prove Wrongful Death in Texas
You should be aware that not everyone is allowed to file a wrongful death claim in the state of Texas. The state only permits you to file a wrongful death claim if you lost your spouse, parent, or child. You may file a claim if you lost an adopted child or parent.
However, individuals in Texas may not file a wrongful death claim if they lost a sibling or any other relative. Make sure you speak with a Dallas car accident lawyer if you have questions about whether you can or cannot seek compensation for wrongful death in the state of Texas.
Compensation in Wrongful Death Cases in Dallas
If you file a wrongful death claim for the loss of a family member, you could be able to receive compensation for your lost inheritance, companionship, guidance, support, and care. You may also be able to seek compensation for “survival damages.” These damages include the costs associated with:
- Your loved one’s medical treatment
- Your loved one’s pain and suffering
- Burial and funeral costs
In many cases, wrongful death cases for car accidents are resolved outside of the court system in Dallas. You may be able to settle a claim with the insurance agents representing the driver who caused the wrongful death accident. However, in some cases, you may want to take your claim to court with a lawsuit.
Work with a Lawyer to Prove Wrongful Death in Dallas
How do you prove wrongful death? A Dallas car accident lawyer may be able to help you gather evidence to show that someone else caused the accident that cost your family member their life. Your lawyer may be able to help you build a wrongful death claim here in Texas. Get more information about building your claim with a free consultation.
Begin working on your case by calling (469) 998-4069 or completing our online contact form.
