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Grieving the loss of a loved one can be excruciating; the last thing on your mind may be financial recovery. However, the wrongful death of a family member often brings financial hardship. In your time of need, Corpus Christi wrongful death lawyers are ready to hold the negligent party accountable and seek recovery on your behalf.
You’ve not only lost companionship but also your loved one’s guidance, support, and financial contributions. Though you’re mourning, potential defendants urgently seek legal counsel to protect their interests. Following a wrongful death, you should contact an accidental death attorney as soon as possible to ensure the preservation of evidence for seeking compensation.
Our Corpus Christi personal injury lawyers are here to assist you. If you have lost a family member because of wrongful death, call Zinda Law Group at (800) 863-5312 for a 100% free consultation with an experienced personal injury lawyer near you.
For a free legal consultation with a wrongful death lawyer serving Corpus Christi, call 800-863-5312
What Is a Wrongful Death?
Wrongful death is a term used in Texas to describe a claim that a surviving family member can bring when their loved one dies as a result of a fatal accident. A wrongful death action is a civil action, brought under a state’s wrongful death statute. In Texas, the Civil Practice and Remedies Code contains the statute explaining that a wrongful death suit can be brought if:
- An injury results in a person’s death or a fetus’s failure to be born
- The injury was caused by a person’s, or their agent’s, or an entity’s, wrongful conduct, neglect, carelessness, unskillfulness, or default, and
- The injured person would have been entitled to bring an action for the injury had they lived or been born alive.
Texas law allows families to explore their options in ensuring that potential defendants are held accountable. Establishing the defendant’s liability can mean that the survivors of the deceased receive compensation from the responsible party for the loss of the financial, emotional, and physical support of the deceased.
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What Is the Difference Between Wrongful Death and Personal Injury Cases?
In a sense, a wrongful death claim is like a personal injury claim. The major difference is, in the instance of a wrongful death claim, the person who was injured is no longer able to bring the claim themselves.
Indeed, the term “wrongful death” refers to a specific type of personal injury case. However, the provisions of the law regarding wrongful death treat this type of case differently from the typical personal injury case—that is why it is important to find an accident lawyer who is familiar with Texas law.
Like a personal injury claim, a wrongful death lawsuit is filed in civil court. Additionally, both claims are based upon the theory of negligence, or in other words, the plaintiff is required to prove that a duty was owed, that the duty was breached, and that damage resulted from the breach.
As stated, the biggest difference in these cases is that the person injured is deceased and the claim is being brought on their behalf. If a person files a personal injury claim and does not survive, their action for personal injury fails and at that moment the family members of the deceased should look into filing a wrongful death claim.
It is important to keep in mind that there are state-specific statutory requirements defining when a wrongful death has occurred. Because wrongful death claims are state-dependent, it is important to contact an accidental death lawyer who is familiar with Texas law.
Our team at Zinda Law Group has Corpus Christi injury lawyers who are well versed in this area of law and are ready to evaluate your claim. Experienced, compassionate lawyers are standing by to answer your questions and inform you of your legal rights.
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Duty of Care
For a defendant to be held liable for an individual’s wrongful death, there must have been a particular action or condition that caused it. The action or condition need not be the sole cause of the death, it only needs to be a substantial factor in the death. Most often, wrongful death occurs as a result of a person acting negligently.
In a civil action for wrongful death, the plaintiff must first prove that the defendant owed the deceased a duty of care. The term “due care” means that the defendant had an obligation to perform or refrain from some action to keep the decedent safe. After a judge determines that the defendant owed a duty to the deceased, the next step is to prove negligence.
Neglect refers to the mental state where one ought to have been aware of an unjustifiable risk. This standard calls into question the reasonableness of the act or omission that caused the person’s death. This is a consideration for the court, which takes into account the probability and the magnitude of the potential harm, in addition to what risks the defendant subjectively knew at the time of the fatal accident.
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