The pain and anger of losing a loved one because of the negligent actions of another person can be overwhelming. No amount of monetary compensation can undo a tragedy, but it is one way to obtain justice and hold the responsible parties accountable for their recklessness. The Austin wrongful death attorneys at the Villarreal & Begum Law Firm devote themselves to helping families navigate these difficult times. Call us today to discuss your legal options in a free consultation.
There is a statute in Texas that defines wrongful death as the death of a person as a result of an injury caused by another’s “wrongful act, neglect, carelessness, unskillfulness, or default” (Texas Civil Code 71.002). When those circumstances exist, a wrongful death lawsuit can be pursued against the at-fault party. “The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.” Common wrongful death claims involve car accidents, drunk driving accidents, assault and battery, defective products, and workplace accidents.
The four identifying elements of a wrongful death claim include:
It must be established that the defendant owed the deceased some duty of care. For example, a driver owes others on the road a duty to follow traffic rules and drive safely.
There must be proof that the defendant’s duty of care was breached by their negligent action (or inaction). For example, a driver who causes an accident by running a red light.
The death of the deceased individual was a direct result of the defendant’s breach of their duty of care.
The death resulted in significant financial damages and tangible losses.
Under Texas wrongful death laws, you have the right to seek compensation for:
The court may also award punitive damages to punish the defendant for their egregious behavior that resulted in the deceased’s death. In addition to punishment, punitive damages are used to prevent similar behavior from occurring in the future.
If you have lost a loved one due to the negligence of another, speak to an experienced injury attorney in Austin about your potential claim. We offer free, no obligation consultations. Call (512) 888-7777 or contact us online.