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Losing a loved one is devastating. It can be even more distressing when someone is to blame for that loss. The surviving estate of the deceased can pursue monetary compensation for the loss. While no amount of recompense can replace the life of a loved one, finding justice can bring some closure to you and your family.
Our compassionate Santa Fe wrongful death lawyers handle these cases daily. With the resources and experience necessary, we effectively manage your claim from start to finish. Obtaining maximum compensation for your loss could help you move forward with ease in life, especially if you were financially dependent on the deceased. Our personal injury attorneys are committed to helping you get closure.
In Texas, a wrongful death occurs when someone dies due to another person’s negligence or willful conduct as stipulated under the Civil Practice and Remedies Code. These circumstances often vary but largely involve an element of negligence in one way or another. The most common causes of wrongful death include:
A seasoned Santa Fe wrongful death attorney can help determine whether negligence played a role in your loved one’s death. We have experts in different fields who can help substantiate your claim by proving that your loved one’s death involved foul play.
When filing a wrongful death claim, you must prove that the other party’s negligence or act caused your loved one’s death. There are four basic elements of negligence that you must meet when filing a wrongful death case in Texas. They are:
As the plaintiff, you carry the burden of proof to show that the defendant, whether a state agency, company, or an individual, owed your loved one the duty of care. For example, if the wrongful death resulted from an auto wreck, you could show that the other driver had a duty to drive responsibly.
You must also show that the defendant failed to observe and fulfill the duty of care towards your loved one. This means that they did not do everything reasonably possible to prevent them from harm. Using the example stated earlier, a driver breaches the duty of care whenever he or she drives irresponsibly such as while under the influence of alcohol.
Causation is often the most challenging element of negligence to prove in wrongful death cases. You are required to show, with evidential proof, that the defendant’s negligence or actions directly caused the death of your loved one. For example, the loss would not have occurred had the other party observed their duty of care. A knowledgeable Santa Fe wrongful death attorney can retain experts to help prove causation in your case.
Damages in a wrongful death case refer to the losses that the deceased would have been entitled to had they survived. They also cover the losses suffered by the surviving estate. A skilled wrongful death attorney can help quantify past and future losses.
The surviving estate of a decedent has two legal avenues they can explore for maximum compensation. A wrongful death claim is filed when pursuing compensation for the damages suffered as a result of the wrongful death. Damages in this case often cover burial and funeral expenses, medical expenses incurred before death, pain and suffering, emotional distress, loss of companionship, lost income, and more. A trusted Santa Fe wrongful death attorney could help discover more damages that you may be eligible to recover in a wrongful death claim.
On the other hand, a survival action is initiated by the deceased’s estate or an administrator to seek compensation that the deceased would have been entitled to had they survived. This legal action enables the plaintiff to recover compensation for various losses, including physical pain and suffering, emotional distress, medical expenses, lost income, and loss of financial support, among others. It’s important to note that these damages are only applicable if the deceased would have been eligible to claim them. A seasoned wrongful death lawyer can assist you in substantiating these losses and guide on maximizing your case’s potential recovery.
If you’ve recently lost a loved one due to negligence or intentional misconduct, please don’t hesitate to contact us. Our compassionate Santa Fe wrongful death lawyers can assist you in pursuing the justice both you and your loved one rightfully deserve. Call us today to arrange a complimentary consultation with our team.
Lone Star Injury Attorneys, PLLC
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