Issues to Consider Regarding Filing a Wrongful Death Claim

On behalf of Parks Law Firm, P.C. posted on Tuesday, December 3, 2019.

Many Texas families will likely have their 2019 holiday season interrupted by tragedies stemming from motor vehicle collisions. Numerous issues, such as distracted driving, driver intoxication and recklessness may be causal factors in such crashes that, for some, will result in the unexpected deaths of loved ones. The state allows immediate family members of accident victims who are fatally injured to file a wrongful death claim when they believe another person or people's negligence was responsible for a loved one's death.

The plaintiff in a wrongful death case is tasked with proving certain elements in court. The court acknowledges that every motorist has a fiduciary duty to travelers sharing the roadway. However, to convince the court to rule against a defendant in a wrongful death case, the plaintiff must prove that the defendant was negligent and that said negligence was a direct cause of the accident victim's death.