The person bringing the lawsuit in a wrongful death case is not the victim, but instead a personal representative acting on the behalf of the family of the deceased. There are many differences between wrongful death cases and other types of personal injury cases, but they are all governed by tort law, meaning a plaintiff still must be able to prove the same four elements of a personal injury case. However, there are some minor variations that you should know.
There are four elements that must be proved in order to pursue a wrongful death case in Texas:
Duty of Care
The first element in a wrongful death case is establishing that the defendant owed a duty of care to the deceased party. This means it has to be shown that the defendant was legally liable for acting in a way that would ensure the safety of the decedent. This could be as simple as establishing that the owner of a store was responsible for keeping store floors clear of spills or debris.
Breach of Duty
The plaintiff must then establish that the defendant breached their duty, and this can involve acting in a way that increased the risk of injury — or neglecting to act to prevent harm. Using the same example, the store owner could have seen the spill and neglected to instruct their employes to clean or repair it.
Causation
The next element is causation, meaning that it must be proven that the breach of duty was directly responsible for the injuries of the deceased. If the decedent slipped on the spill and was uninjured — and then was struck by a car outside the store — the owner would not be found liable for wrongful death. However, if the decedent slipped on the spill and hit his or her head as they fell, the store owner would be liable for causing the injuries or death of the victim.
Damages
This is another way that a wrongful death case is different than usual personal injury cases. Proving damages means showing how family members have been impacted financially by the death of the individual. This can be a complicated area of the case, and this why it is crucial to rely on the help of a qualified personal injury attorney, such as Nhan Nguyen and Nader Rabie, to fight for your case. Your attorney will understand what factors to present in court and show the damages suffered.
What are the Damages in a Wrongful Death Case?
There are many different kinds of damages that a family may suffer in a wrongful death case resulting from the death of a loved one. In most cases, the accident that caused the death will result in specific financial losses, such as:
- Medical expenses incurred to treat the decedent, before his or her death
- Funeral and burial expenses
- Loss of expected income or wages
- Loss of benefits, like health insurance
- Loss of inheritance, resulting from the untimely death
Emotional damages may also be calculated, including:
- Mental anguish, or pain and suffering, caused by the death
- Loss of nurturing and care, guidance, and advice, which the deceased would have provided
- Loss of love and companionship
- Loss of consortium, which the deceased would have provided to a spouse.
Filing a wrongful death claim can be very complicated and required a thorough understanding of tort law. Nhan Nguyen, Nader Rabie, and the entire legal team at West Loop Law and the Law Office of Nhan Nguyen, MD, JD have the experience to help you navigate a wrongful death case.
Houston Personal Injury Lawyers
After being injured in a crash, you need an experienced Houston car wreck lawyer to answer all your questions. You need to know that you are not alone after being unfairly injured in a collision. When looking for a Houston lawyer referral, look no further than West Loop Law and the Law Office of Nhan Nguyen, MD, JD. The sooner you give us a call, the sooner we can help you obtain the recovery you need and deserve. Contact our law offices at 713-840-7200 to discuss your case today.
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