Why Wrongful Death Lawyers Focus on Proving Negligence
Losing a loved one because of someone else’s mistake is heartbreaking. If this happens, you may have the right to file a wrongful death claim. In Austin, wrongful death lawyers work hard to prove negligence. This is the key to winning a wrongful death lawsuit and getting justice for your loved one’s wrongful death.
In this article, we’ll explain why wrongful death lawyers focus on proving negligence, how these lawyers do it, and what you can do to pursue a wrongful death claim in Texas.
What Is Negligence in a Wrongful Death Case?
Negligence means that someone failed to act with care, which led to another person’s injury or death. In a wrongful death case, the victim’s surviving family members must prove that someone’s actions caused the death of their loved one.
To win your claim in Texas, lawyers must show:
- Duty of Care – The person responsible had a duty to act safely.
- Breach of Duty – They failed to follow that duty.
- Causation – Their actions led to their death.
- Damages – The family suffered losses because of the loved one’s death.
A qualified Austin wrongful death lawyer knows how to gather evidence and prove these points in court.
Common Causes of Wrongful Death
Many things can cause a wrongful death in Texas. Some of the most common causes of wrongful death include:
- Car accidents – According to the Texas Department of Transportation, thousands of people die in accidents in Austin every year.
- Workplace accidents – Dangerous jobs increase the risk of premature death.
- Medical malpractice – A doctor’s mistake can lead to a lawsuit.
- Defective products – Unsafe products can harm or kill consumers.
No matter the cause, an Austin personal injury attorney can help surviving family members fight for justice.
How Austin Wrongful Death Lawyers Prove Negligence
Proving negligence is not easy, but experienced Austin wrongful death lawyers know what to do. Here are the key steps they take:
1. Investigating the Case
A skilled attorney will start by gathering evidence. This may include:
- Police report from an Austin car accident
- Witness statements
- Medical records
- Video footage or photos
If the case involves a criminal case, such as drunk driving, lawyers can use that as evidence too.
2. Proving Liability
An Austin wrongful death lawyer near you will work to prove who is responsible. For example, if a driver runs a red light and hits your loved one, they can be held liable.
3. Calculating Wrongful Death Damages
Families who bring a wrongful death claim may be able to receive wrongful death compensation for:
- Medical bills prior to death
- Funeral costs
- Lost income
- Pain and suffering
An experienced wrongful death attorney will make sure families get the compensation they deserve.
4. Filing a Wrongful Death Lawsuit
If the other side refuses to settle, lawyers may need to file a wrongful death suit. In Texas, families have two years from the date of the loved one’s wrongful death to take legal action.
Who Can File a Wrongful Death Claim in Austin?
Under Texas law, only certain surviving family members or an immediate family member can sue for wrongful death. These include:
- Surviving spouse
- Children
- Parents of the victim
If no family member files a wrongful death lawsuit, the law firm handling the case may suggest that the estate representative file instead.
Why You Need a Wrongful Death Lawyer in Austin
If you lose a loved one because of negligence, you need a dedicated wrongful death lawyer to fight for you. Personal injury lawyers experienced in handling wrongful death cases understand how to build a strong claim. A qualified wrongful death attorney can help you:
- Understand your rights under Texas wrongful death law
- Gather evidence to prove your Texas wrongful death claim
- Handle negotiations with insurance companies
- Take the case to trial if needed
At our Austin personal injury law firm, we know how difficult this time can be. That’s why we offer free assistance with property damage claims and help wrongful death clients pursue justice. Plus, we don’t charge any fees unless we win your case.
Schedule a Free Consultation Today
If you need a skilled Austin wrongful death lawyer, don’t wait. Whether you’re in Austin or anywhere in Texas, our team is ready to help. Call our Austin car accident lawyers today to schedule a free consultation. We are here to help families in Austin seek compensation for wrongful death and get justice for their loved ones.
Contact our Austin legal team today for a free consultation. Let us help you pursue a wrongful death claim and fight for the compensation you deserve.
