Handling the loss of a loved one under circumstances involving another party’s negligence is challenging. Besides the emotional suffering that follows, the surviving estate of the deceased is denied companionship and financial dependency. Filing a wrongful death lawsuit offers a sense of justice and closure.
If you lost a loved one in a major road accident, someone may have been responsible. You can be certain if you hire a qualified legal team to investigate the accident. A compassionate car accident lawyer in La Porte is a crucial asset in pursuing justice, and you shouldn’t hesitate to retain one.
Establishing Negligence in Fatal Car Accident Cases
Negligence is the concept used to bring a personal injury claim or wrongful death case forward in Texas. It refers to the failure by a person or parties to act reasonably in circumstances likely to cause harm to others. To prove that another entity was responsible for the fatal car accident where you lost a loved one, you must demonstrate four basic elements as discussed below:
Duty of Care
Generally, everyone in Texas must act in a way that does not expose others to foreseeable harm. Therefore, this will be the first element of negligence to be established in a wrongful death case. For instance, drivers must adhere to traffic rules regarding yielding and speeding. Similarly, vehicle manufacturers must guarantee the safety of auto parts and products. State agencies also have a duty to maintain roadways properly.
Breach of Duty
Having established that another party owed you a legal duty of care, the next step is demonstrating how the duty was breached. In other words, it shows that they deviated from the expected standard of care. Breach of duty in traffic accidents manifests in different forms, such as speeding, failing to yield, distracted driving, road rage, inexperienced driving, and drunk driving. It could also be improper road maintenance or unsafe road designs by state agencies and construction companies. A skilled La Porte personal injury lawyer can effectively demonstrate a breach of duty with evidence from the scene and witness statements.
Causation
Reckless behaviors do not automatically make someone else responsible for a fatal car accident. So, to make another party liable for the crash, there must be a direct link between their actions and the resulting harm. This is referred to as causation. For example, if a drunk driver fails to notice a red light and rammed into another motorist with the right of way, they are directly at fault for the crash. Causation answers the question of liability by proving that an accident would not have happened but for the careless behavior of defendants in car accident claims.
Damages
Prevailing in a personal injury claim or wrongful death lawsuit also requires that plaintiffs demonstrate the losses suffered. Now referred to as damages, these losses may be tangible or intangible. They include lost income, loss of income-earning ability, loss of consortium, medical expenses, funeral expenses, lost financial premiums, loss of companionship, emotional suffering, and more. A qualified La Porte wrongful death attorney will assess the full extent of losses suffered by the decedent’s estate to maximize compensation and ensure justice is rightfully served.
For a free legal consultation with a fatal car accident lawyer serving La Porte, call (832) 449-8230
Who Can File a Wrongful Death Case in La Porte?
Every state has a set of rules governing how wrongful death lawsuits are litigated and the persons who can bring them forward. In Texas, only immediate family members are eligible to file a wrongful death lawsuit. This includes the decedent’s parents, children, and spouses. The deceased’s legal representative also qualifies to pursue compensation and justice on behalf of the surviving estate. If you need more clarification about your eligibility to file a fatal car accident claim in La Porte, you should consult a local attorney about your rights.
La Porte Fatal Car Accident Lawyer Near Me (832) 449-8230
How Long Do I Have to File a Wrongful Death Case?
The last thing you want after the loss of a loved one is to engage in a legal battle. However, it is important to note that you have a limited time to file a civil case. Unlike criminal action, civil litigation requires strict adherence to set deadlines. For instance, in the Texas Civil Practice & Remedies Code Chapter 16, you have up to two years to file a claim from the day of the accident. While there may be variations where the timeline is extended, consulting a La Porte fatal car accident lawyer is vital.
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Consult a La Porte Fatal Car Accident Lawyer About Your Loss
No amount of money can ever bring back your loved one. However, maximum compensation can help you and your family shoulder the burden that comes with the sudden loss of a loved one. Our wrongful death attorneys are available to walk with you until justice is served. To get started, call our firm today.
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