The unnecessary death of a loved one is a tragedy and a subsequent lawsuit may only add to the emotional ordeal. At a stressful time like this, you need the support of an experienced wrongful death attorney.
Wrongful death lawsuits hold those responsible for the death accountable for their actions, along with delivering financial compensation for the family. With most cases posing many challenges, here is a McKinney attorney’s perspective on a wrongful death lawsuit.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit can be filed when someone is killed due to another party’s negligence or reckless behavior. While murder is a crime, wrongful death is something completely different from a legal perspective. There are certain instances where someone who is found “not guilty” of murder could face a civil wrongful death lawsuit, yet the focus here is on cases where a death occurs due to negligence of some sort.
Negligence covers many areas and factors. For example, a negligent death could result from a distracted driver when that driver causes a fatal accident. A product or drug that has been manufactured negligently might cause a death or several deaths.
In some states, not everyone can file this type of suit on behalf of a lost loved one. In Texas, only the spouse, parents or children of the deceased can take legal action.
How Will an Attorney Approach a Wrongful Death Case?
The field of wrongful death law presents many unique challenges. When you face circumstances where you would need wrongful death assistance, it’s important to work with focused and experienced attorneys like Joe Knows Law. Your attorney will need to prove the following elements to secure a positive outcome.
- The defendant owed a duty of care – An attorney must prove that the individual being sued owed a reasonable duty of care, such as the requirement that drivers follow the rules of the road.
- Duty of care was breached – An action was taken that breached this duty of care and reasonable standards were not upheld.
- The breach caused the death – It must be shown that the breach was directly responsible for the death through negligent actions.
- The plaintiff suffered from the death – The deceased’s spouse, parents or children suffered financial losses from medical bills, lost income, funeral expenses and other costs.
The Role of a Wrongful Death Attorney
A wrongful death attorney is responsible for more than just arguing your case in court. From an initial consultation to a possible trial, your attorney will work towards the best possible outcome for your situation.
- Evidence gathering – Study documentation to build a case.
- Witness interviews – Interview police officers and other witnesses.
- Case building – Speak to expert witnesses and build a strong case.
- Negotiation – Communication with relevant parties. For example, a truck accident lawsuit may require direct negotiation with the insurers of the trucking company.
- Court case – If necessary, your attorney will represent you in the courtroom.
Experienced Legal Representation for Wrongful Death Lawsuits
If you have lost a loved one due to negligence or harmful actions, don’t hesitate to contact Joe Lucé. From our offices in McKinney, we provide legal advice and representation for individuals and families across North Texas. For assistance, call (972) 562-9700 or request a free legal consultation today.