To prove a wrongful death case in Texas, there are several elements that you will need to prove in order to win your case. Generally, you’ll need to prove the following:
- You are a statutory beneficiary of the person who died. Under the Texas Wrongful Death Act, the person filing the lawsuit must be a The plaintiff must be a spouse, child, or parent of the deceased person,
- The defendant’s wrongful act caused the death of the decedent. This means that you must show that the defendant(s) did something wrong (i.e. reckless or negligent), and that the wrongful conduct caused the death of your loved one.
- You suffered “actual damages.” Under Texas law, you must provide evidence that you suffered actual damages connected with the loss of your loved one. Actual damages can include: (1) pecuniary losses, (2) mental anguish, (3) loss of companionship and society, and (4) loss of inheritance. Pecuniary damages generally refers to money or income, but can include loss of the decedent’s earning capacity, advice, counsel, services, care, maintenance, and support. Mental anguish generally refers to mental anguish is the emotional pain, torment, and suffering that the plaintiff would, in reasonable probability, experience from the death of a family member. Loss of Companionship generally refers to the positive benefits flowing from the love, comfort, companionship, and society the plaintiff would, in reasonable probability, have experienced if the decedent had lived, and Loss of Inheritance generally refers to the present value that the decedent would, in reasonable probability, have added to the estate and left at natural death to the statutory wrongful-death beneficiaries but for the wrongful act causing the premature death.
Proving Negligence or Recklessness of Defendant – Not As Easy As It Sounds
Unfortunately, if a loved one has been killed by the wrongful conduct of another person you will find that proving that the at-fault person acted negligently or recklessly isn’t as easy as one would think.
This is especially true when a business or insurance company is involved. Businesses and insurance companies employ teams of attorneys and investigators whose sole job is to pay as little as possible to victims and families of those killed in wrongful death situations. While they may say all of the right things, and offer condolences, you are kidding yourself and setting yourself up for disappointment if you think that the insurance company or its adjusters will treat you fairly – their single goal is to pay you nothing if they can, and if they must pay, to pay as little as possible.
Get Aggressive & Experienced Texas Wrongful Death Lawyers On Your Side
The insurance companies and big business have teams of experienced attorneys working to pay you nothing – don’t you also deserve to have an experienced team working for you to make sure you are compensated fairly? Make no mistake about it, no amount of money will ever fully compensate you, but you owe it to yourself and your family to secure your families financial future
Get aggressive representation now before it’s too late. Call us today at (210) 910-4357 to talk with one of our attorneys for FREE. We offer a FREE 5-Point Case Evaluation in writing. Our free evaluation is prepared by an experienced attorney and will help you understand the ins-and-outs of your wrongful death case.