How to Prove a Wrongful Death Claim in Fort Worth
Have you lost a loved one in Fort Worth, Texas, because of someone else’s conduct? You may be entitled to significant compensation for funeral & burial expenses, emotional distress, and loss of companionship. Proving your claim and getting the compensation you are owed can be tough without the help of an experienced Fort Worth personal injury attorney.
Stephens Law Firm, PLLC has over 25 years of combined experience helping victims and their families after devastating accidents, so contact us today at (817) 420 7000 to schedule a free consultation with a Fort Worth wrongful death lawyer.
Table of Contents
How Stephens Law Firm, PLLC Can Help with a Wrongful Death Claim in Fort Worth, TX
Losing a loved one is devastating. If someone else was responsible for their accident, you should be able to focus on healing while an experienced Fort Worth personal injury lawyer fights for the compensation you’re entitled to. For years, grieving families across Texas have turned to Stephens Law Firm, PLLC for legal support during their darkest times.
When you hire a Fort Worth wrongful death attorney from our firm, we do the following to support you and your family:
- Thoroughly investigate your case: We gather evidence, interview witnesses, and work with experts to uncover the truth of what happened.
- Determine who is responsible: Whether it’s an individual, company, or institution, we hold the right parties accountable.
- Handle insurance companies: We deal directly with insurers, so you don’t have to fight against lowball offers.
- Calculate the full value of your loss: From medical bills and funeral costs to lost income and companionship, we make sure nothing is overlooked.
- File all necessary legal claims: We handle the paperwork, deadlines, and court filings to protect your rights.
- Fight for you in court if needed: If a fair settlement isn’t possible, we are prepared to present a strong case at trial.
- Guide you every step of the way: We explain your options clearly and keep you updated, so you always know what to expect.
Call our office in Fort Worth, Texas, to schedule a free consultation to get started.
What Is a Wrongful Death Claim & How Do I Prove It?
A wrongful death claim arises when someone dies because of someone else’s negligence or intentional conduct. Negligence happens when someone fails to uphold a reasonable standard of conduct.
To prove negligence, you must prove all four legal elements:
- Duty of care: You must first show that the defendant had some legal duty to uphold a reasonable standard of care. Typically, this requires acting reasonably under the given circumstances.
- Breach of duty: Next, you must prove that the defendant breached their duty of care. This means they failed to uphold the legal standard by either acting or failing to act as a reasonable person would in a similar situation.
- Causation: The third element includes both direct and proximate causation. It means that you must show that your loved one’s death was both a direct and foreseeable consequence of the defendant’s actions.
- Damages: Finally, you must prove some damages resulting from the defendant’s conduct. This may include funeral and burial expenses, emotional distress, loss of love and support, or other damages.
Whether your claim is based on negligence or intentional conduct, you have the burden of proof. Our Texas wrongful death attorneys can help you build a strong case to support your claim.
Who May File a Wrongful Death Claim in Texas?
Not just anyone may file a wrongful death claim.
According to Texas law, a wrongful death lawsuit may be filed by:
- A surviving spouse
- Children of the deceased
- Parents of the deceased
If none of these parties have started a claim within three months after the death, the executor of the deceased’s estate may begin a wrongful death action. The only exception is when all the individuals listed above request the executor not to file a claim.
Evidence Used to Prove a Wrongful Death Claim
To prove a wrongful death claim, you will need to present evidence supporting your case. The types of evidence used to prove a wrongful death claim are similar to those used in other kinds of personal injury cases.
Some common examples of evidence used in wrongful death cases include:
- Witness testimony
- Photos
- Expert witnesses
- Video surveillance
- Police reports or arrest records
- Text messages or phone records
- Medical records
Remember that the burden of proof in a wrongful death claim, a civil action, differs from that of a criminal case. It is why you may be successful in a wrongful death action even if there is insufficient evidence to successfully prosecute a criminal case.
Types of Damages Available to Families of Wrongful Death Victims
Families of wrongful death victims are generally entitled to recover both economic and non-economic damages.
Economic damages compensate families for their economic losses, such as:
- Funeral and burial expenses
- Cost of any attempted life-saving medical treatments
- Future lost earnings
- Loss of benefits
Although economic losses in these cases can be substantial, non-economic damages in these cases can be even more valuable.
Non-economic damages compensate for the intangible losses suffered in wrongful death accidents, such as:
- Emotional distress
- Loss of love and companionship
- Loss of support
- Depression
- PTSD
- Loss of consortium
- Loss of parental guidance
In rare cases, punitive damages may also be available. However, these damages are reserved for cases involving only the most egregious conduct.
Contact Our Fort Worth Wrongful Death Lawyers for a Free Consultation
If you have lost a loved one due to someone else’s conduct, call the experienced team at Stephens Law Firm, PLLC. We can help you through every detail of the legal process. Call us now to schedule your free consultation with a Fort Worth wrongful death lawyer.
