Losing a loved one is the greatest cost of negligence, as the comfort, guidance, and financial security that your loved one provided can leave a devastating void in their friends and family members’ lives. Even if the person or people responsible for your loved one’s death did not act intentionally, they may be financially responsible for the various losses—including your loved one’s passing—that have come from their actions.
A Texas City wrongful death lawyer can handle your lawsuit while your family focuses on grieving or takes the steps you need to in the wake of your loved one’s passing. Call Blass Law today at (713) 225-1900 to discuss how a lawyer may help your family after losing a loved one.
Explaining Wrongful Death Claims
The Legal Information Institute (LII) explains that:
- You may bring a wrongful death claim in response to any actions that caused your loved one’s death
- You may generally be eligible to bring a wrongful death claim if you are a “close relative” of the person who has passed away
You may be able to bring a wrongful death claim against those whose deadly actions were either:
In the case of unintentional acts leading to your loved one’s death, the success of your lawsuit may depend in part on your lawyer’s ability to prove that defendants named in your case acted negligently. It’s important to hire a wrongful death lawyer who will fight to hold the responsible parties accountable for their actions.
Negligence and Wrongful Death Claims
Some specific circumstances where an unintentional act could cause a death include:
- An automobile accident
- A workplace accident
- The effects of a defective product
- A medical error or inadequate care
- The effects of an unsafe premises
- An animal attack
In these and other cases where the defendant named in a lawsuit did not necessarily act in an intentional way, you may need to prove that they acted in a negligent manner. The American Bar Association (ABA) explains that negligence:
- Is the term generally encompassing careless or reckless actions that result in injury or death of one or more people
- Is different than intentional acts
- Occurs when somebody acts in one or more ways that are not consistent with actions that would keep others safe from foreseeable harm
Texas Statutes Title 2 Chapter 33 covering proportionate responsibility means that:
- You could be entitled to collect compensation for your loved one’s death even if your loved one is found to be somewhat responsible for the circumstances that caused their death
- So long as another party is responsible for 50% or more of the cause of your loved one’s death, you may be able to win a wrongful death lawsuit
A Texas City wrongful death lawyer will review your case and tell you whether they believe you have the grounds for a wrongful death lawsuit. Call Blass Law today at (713) 225-1900 to speak with our team about retaining legal representation in anticipation of a wrongful death lawsuit.
For a free legal consultation with a wrongful death lawyer serving Texas City, call 713-225-1900
A Lawyer May Identify Negligence in Your Loved One’s Death
If your loved one’s death was caused by an intentional act, such as the commission of a crime, then your lawyer may have a more straightforward case to prove that your loved one’s passing was wrongful. It is possible that your loved one died because of another person’s negligence, in which case your lawyer may take a different approach to your lawsuit.
Your lawyer may prove negligence by:
- Establishing that defendants named in your lawsuit had a duty of care to your loved one, and their actions violate their duty of care to keep your loved one safe from harm
- Showing how defendants named in your lawsuit breached their duty of care, which may be a specific negligent act
- Establishing a link between the defendants’ breach of duty of care and the incident that caused your loved one’s death
- Establishing a link between the specific fatal incident and your loved one’s death
Providing the link to show that your loved one died because of one or more party’s negligence is important to winning your lawsuit, so proving negligence is a key element that your lawyer will show.
Other Responsibilities of a Wrongful Death Lawyer
Your lawyer will take many steps to strengthen your argument by establishing the link between their actions and your loved one’s death, and will handle everything that needs to be done to move your lawsuit forward.
Some of the steps they may take to strengthen your argument for a wrongful death include:
- Collecting all available evidence pertaining to the incident that caused your loved one’s death
- Interviewing witnesses to the incident, or negligent circumstances that precipitated the incident
- Conducting an independent investigation to fill in any missing information to provide additional or higher-quality evidence
- Hiring expert witnesses to testify to issues central to your loved one’s fatal circumstances
In terms of moving your lawsuit forward, your lawyer may:
- Investigate to find additional parties who may be responsible for the negligent behavior and may also be responsible for your loved one’s death, as defendants may be numerous
- File your lawsuit with defendants named within
- Make requests for production, send interrogatories and other discovery requests that are necessary to progress your lawsuit
- Make all in-person appearances necessary with the court to hold the other party accountable for their actions
- Engage in settlement negotiations to see if the other party is open to a reasonable settlement
- Conduct a jury trial to ensure you get sufficient compensation for your loss
- Protect your rights, and the memory of your loved one, throughout the duration of your wrongful death lawsuit
When your lawyer succeeds in arguing your case at trial or negotiating a settlement, then you may be able to collect compensation covering your losses, which could be both economic and non-economic.
Texas City Wrongful Death Lawyer Near Me 713-225-1900
Call Blass Law Today
The team at Blass Law will work hard to secure the best possible outcome for you and any family members affected by a wrongful death. Call Blass Law at (713) 225-1900 today for more details of how a Texas City wrongful death lawyer may fight on your side.