Wrongful death is a terrible tragedy that describes a loss of life due to someone else’s failure to act with proper care, also known as negligence. If you lose a loved one due to another person’s carelessness or neglect, your family may be able to file a wrongful death claim with a San Antonio wrongful death lawyer to seek financial justice. Proving a wrongful death case requires clear and convincing evidence of certain legal elements.
What Is the Definition of Wrongful Death?
Every state has its own legal definition of wrongful death. Texas Civil Practices and Remedies Code § 71.002 states: “A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
Under this state law, a civil claim can be filed against any person or party who causes a death due to negligence, such as a careless driver who causes a fatal car accident or a property owner who fails to prevent a slip and fall accident. A wrongful death claim can also be filed due to medical malpractice or criminal intent to harm, such as fatal assault and battery.
What Are the Elements of a Wrongful Death Claim?
When a wrongful death claim is filed, the filing party or plaintiff is the one with the burden of proof. The plaintiff must provide evidence to prove the truth of the claim being made. A wrongful death case must be established based on a “preponderance of the evidence,” meaning enough proof to show that the claim is more likely to be true than not true.
The following elements must be established for a successful wrongful death claim:
- Duty of care: the accused party or defendant had an obligation to act with care toward the deceased victim.
- Breach of duty: the defendant breached or violated the duty of care with a negligent act or omission.
- Causation: the defendant’s breach of duty caused the injuries that led to the victim’s death.
- Damages: the victim’s death resulted in losses, such as medical bills or funeral costs.
These are the four elements of negligence. The specific duties of care owed by a defendant will vary based on the circumstances and his or her relationship to the victim. For example, a property owner has a duty to keep a premises free from injury risks to visitors, and a motor vehicle driver has a duty to obey traffic laws.
What Evidence Is Used to Prove a Wrongful Death Claim?
The success of a wrongful death case depends on the strength of the plaintiff’s evidence. The defendant’s negligence or fault for the fatal injury must be shown as true with at least a 51 percent certainty. It can be critical to hire an attorney to help you search for, preserve and collect evidence to support your claim.
Common types of evidence used in wrongful death claims include:
- The decedent’s medical records
- Autopsy or coroner’s reports
- The death certificate
- Accident reports
- Photographs and videos
- Witness statements
- Expert testimony
In a wrongful death claim, presenting compelling evidence is essential. An experienced wrongful death attorney knows what evidence and documentation to collect to support a case. A personal injury lawyer will have the resources, personnel and connections to experts that your family needs for the strongest possible claim.
To speak to an attorney about a specific case, contact Hill Law Firm Accident & Injury Lawyers to request a free consultation.