Losing a loved one is one of the most painful life events that we can encounter. However, the pain worsens when you know that the death was caused by someone else’s wrongful actions or negligence. When you find yourself in such a situation, you have grounds to file for a wrongful death claim in Texas.
A wrongful death claim is initiated by someone who lost their loved one due to the accused’s intentional action or negligence. Both the estate and/or close people to the deceased can bring forth this lawsuit against the party legally liable for the death. In most of these cases, you will need legal help for wrongful death because knowing how best to go about it in the state of Texas can prove challenging. We at the Tyson Law Firm have the legal expertise in filing these lawsuits to help you get the legal justice that you deserve.
When does a wrongful death claim hold?
There are different situations when a wrongful death claim is applicable. These include:
Intentional killing of a victim
Some people have malicious intent and may kill the victim out of reasons best known to them. With the right legal help for wrongful death, you can establish this lawsuit. Intentional killing is a crime the prosecution must prove; mainly focusing on four key elements: (1) the accused is responsible for the victim’s death; (2) the accused acted in a deliberate, conscious, and voluntary manner; (3) the accused intended to kill or cause serious injury to the victim at the time of death; and (4) the accused is responsible for the death of the victim without lawful excuse or justification.
Death caused by medical malpractice
If your loved one or someone close to you died due to medical malpractice, you could sue either the healthcare facility or the individual physician directly involved. This type of lawsuit is when a healthcare practitioner provides careless care, and the patient dies in the process. Medical malpractice can happen in various ways at a healthcare facility. Recklessness and medical negligence are common instances for wrongful death claim in Texas.
Car accidents caused by negligence
You can seek legal help for wrongful death from the Tyson Law Firm if a victim dies due to a car accident that happened out of negligence. Proving negligence in the car accident entails convincing the court that the person acted thoughtlessly or carelessly, which in turn caused the deceased’s death. Some of the things that would be focused on here are the failure to take actions that the accused should have. These include: (1) failing to stop for a pedestrian; (2) failing to yield; or (3) failing to turn on the lights when driving at night.
These are a few examples of when you can bring wrongful death claims in Texas. A wrongful death claim is applicable in all personal injury situations. For example, work-related injuries may not fall within this category as they can be tackled through the worker’s compensation system.
Get in touch with Tyson Law Firm
Contact us today to help you file a wrongful death claim in Texas. We will provide legal advice for your situation and bring clarity to the steps you need to take not just for filing but for the entire wrongful death case.
The death a close person is always very difficult, especially if it happens because of the wrongdoing of someone else and not natural causes. We understand the difficult moment that you are going through and how upsetting it can be, for that reason we want to help you. Attorney Ezekiel is extremely qualified to take care of your case after something like this.
We want to assist you in making sure not only that your interests are protected. We wish we could bring your loved one back but we will do everything in our power so that at least you get the justice that you deserve and that you feel supported during such a stressful and difficult life event.