If someone you love has died because of the actions of another person in Texas, you could file a wrongful death lawsuit against the person responsible. During the proceedings, there are a few elements that need to be present before any kind of compensation is awarded.
Showing negligence
One element that needs to be present in a wrongful death claim is negligence. This means that another person would need to be found responsible for the death of the victim. This element means that the person who caused the death of the victim acted in such a way that was void of reasonable care or acted with an intent to kill another person.
Death
In order to obtain a judgment or compensation in this type of lawsuit, one must demonstrate that death occurred due to the actions of another person. This is often considered the action part of the lawsuit. A wrongful death claim typically does not involve a death that’s caused by the victim or if there is an accident. Keep in mind that the death would need to be caused by an act that is not ordinarily committed on an everyday basis.
Losses
Family members are usually asked to demonstrate to the court that they have suffered some kind of loss in order to be compensated in a wrongful death lawsuit. This is typically in the form of a financial loss for the family, such as a loss of the primary income or significant medical bills that have accumulated if the person didn’t die right away after the negligent act occurred.
Before a final determination is made regarding a wrongful death claim, certain components need to be in place that relate to the death of the victim.