A wrongful death claim is a civil lawsuit that is separate from any criminal case and can be pursued irrespective of whether criminal charges are filed. A defendant could even be held liable for an accidental death in a civil case despite being acquitted in criminal legal proceedings.

Determining negligence in Houston wrongful death claims is essential as it provides the legal basis for your case and links the defendant’s actions to your family’s loss. An experienced wrongful death attorney could help you establish negligence by collecting and presenting strong evidence and supporting you throughout the claims process.

What Factors Determine Negligence in Wrongful Death Claims?

In Houston, the law requires that you prove four key elements of negligence to win a wrongful death claim.

Duty of Care

You must first show that the defendant had a legal obligation to act with a certain level of care toward the deceased. This standard of care depends on the specific circumstances.

For example, drivers have a duty to obey traffic laws and operate their vehicles safely, and property owners have a duty to maintain reasonably safe premises for visitors. Likewise, physicians have a duty to follow the medical standard of care, which is what a reasonably prudent doctor would have done in a similar situation.

Breach of Duty

A breach of duty occurs when the defendant fails to act with the required level of reasonable care. This is measured by comparing the defendant’s actions to what any sensible person would have done under the same or similar circumstances. A breach could be an act, such as a driver running a red light, or a failure to act, such as a property owner neglecting to fix a known hazard.

Causation

You must prove a direct link between the defendant’s breach of duty and the death of your loved one. This element has two parts:

  • Cause-in-fact: This asks whether the death would have occurred if not for the defendant’s negligent act or omission.
  • Proximate cause: This requires that the death was a foreseeable result of the defendant’s breach of duty.

For example, if a store owner failed to clean a spill, and your loved one slipped, fell, and later died from their injuries, you must prove that the failure to clean the spill directly led to the fatal fall.

Damages

The final element requires you to show that the death resulted in actual, measurable losses. These damages may include financial losses (e.g., medical, funeral, burial costs, lost earnings) and non-financial losses (e.g., mental and emotional anguish).

Proving all four of these elements can be challenging without the help of a seasoned attorney.

Important Requirements To Pursue Damages in a Wrongful Death Case

In addition to proving that your loved one’s death resulted from someone’s negligent act or intentional wrongdoing, there are other important requirements for pursuing damages after a wrongful death in Houston.

Establish Your Standing as an Eligible Claimant

The decedent’s surviving spouse, children, and parents are entitled to file a claim. This includes biological and legally adopted children and parents, and spouses in a legally recognized or common-law marriage. The executor or administrator of the deceased’s estate is also permitted to file a claim if no eligible family member files within three months of the death.

Meet the Deadline To File a Claim

The deadline to file a wrongful death lawsuit is two years from the date of your loved one’s passing. There are limited exceptions that could extend the deadline, such as if the claimant is a minor or if the wrongdoing was intentionally covered up. However, the deadline to provide formal notice of your claim is much shorter if the lawsuit is being brought against a governmental entity.

Our lawyers could help ensure that you meet all the legal requirements for a wrongful death claim.

Hire a Houston Lawyer to Help Prove Negligence in a Wrongful Death Claim

Consulting with an attorney about determining negligence in Houston wrongful death claims is crucial if you have lost a loved one because of a person’s negligent or criminal misconduct. A knowledgeable lawyer could conduct a thorough investigation, gather critical evidence, and build a case that proves fault and secures the compensation you and your family deserve. Contact our firm today to request a case consultation.