Who Is At Fault for Wrongful Death?

Written by: Roy Boujaoude

Determining Liability After the Unexpected Loss of Your Loved One

The sudden loss of a loved one can be exceptionally hard under any circumstances, but when that loss is the result of someone else’s negligence or wrongdoing, the pain can be unimaginable. 

At the Law Office of Roy A. Boujaoude, we provide legal representation for families who have lost a loved one and are entitled to bring a wrongful death claim under Texas law. If your loved one was killed due to another person’s wrongful act, contact our office at (713) 690-2227 for a free consultation.

Obtaining Compensation After the Loss of Your Loved One

Without question, no amount of money will ever fully compensate you for your loss, but under certain circumstances, you may be entitled to damages to cover funeral expenses, medical bills, mental anguish, and more.

A person may be held liable for the wrongful death of another if the death was caused by their:

  • Wrongful act
  • Neglect
  • Carelessness
  • Unskillfulness 

In order to obtain compensation in a wrongful death claim, you must be able to prove that the defendant was legally responsible or liable for the death of your loved one. The best way to determine who was at fault is by retaining an experienced attorney.

Proving Liability in a Wrongful Death Claim

In general, in order to prove liability in a wrongful death case, you must show that the defendant was negligent and that it was their negligence that caused the death.

To prove negligence, a person must prove that:

  • The party owed your loved one a duty of care;
  • They breached that duty of care;
  • The breach of that duty caused the death of your loved one; and
  • You suffered damages as a result.

It can be the party’s act or failure to act (omission) that caused harm to your loved one. In some cases, there may be one or more parties that can be held legally responsible for the death of your family member.

Damages in a Texas Wrongful Death Lawsuit

Under Texas law, only a limited number of people may benefit from a wrongful death action. Damages are designed to compensate the decedent’s loved ones for their loss. It is important to note that a wrongful death lawsuit (under most circumstances) must be brought within two years of the person’s death.

Damages in a wrongful death lawsuit may only be awarded to the following:

  • Surviving spouse,
  • Children, or
  • Parents of the deceased.

A person may receive compensation for funeral or burial expenses, lost earning capacity, lost inheritance, mental pain and anguish, and more. Under limited circumstances, a jury may award exemplary damages or those designed to punish the liable party for their wrongdoing.

Get Personalized Representation Today

In the unthinkable event that you have lost a loved one as the result of another person’s negligence, contact our office for a free consultation. Call (713) 690-2227 to get started.

At the Law Office of Roy A. Boujaoude, we have recovered millions of dollars for our clients. We know what it takes to win even the most challenging cases and will fight hard to recover damages for you and your family. 

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Call or Contact Us Online Today!

No matter what the circumstances of your case, Attorney Roy Boujaoude can help. Contact our office today at (713) 690-2277 for a free case consultation. Our team is available 24 hours a day, 7 days a week.
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