What is a wrongful death claim?
Wrongful death claims can be filed against a defendant when they cause someone’s death due to negligence or intentional harm. The defendant is not always a person, such as in a case where there is an issue with a medication, vehicle manufacturer or another faulty product that results in death. Wrongful death claims allow another person to file them, either as a representative of the departed’s estate, as a family member, spouse or a party that was present and also affected in the incident that led to the untimely death. The main goal of a wrongful death suit is to receive compensation for the survivors’ loss, such as projected income for the victim, loss of partner, funeral expenses and more. The majority of wrongful death lawsuits that are filed are done so after a criminal trial. Wrongful death suits use similar evidence but require a lower standard of proof than a criminal trial, which means a guilty verdict is not required to be awarded compensation.
Examples Of When A Wrongful Death Lawsuit Can Be Filed
-When someone is murdered: If someone intentionally harms another person resulting in death
-When someone dies due to medical malpractice: A doctor or medical facility fails to provide appropriate care, such as administering a medication the victim has an allergy to or failing to diagnose a treatable health condition
-Car accident involving negligence: If someone is texting and driving, intoxicated, breaking traffic laws, etc.
What Must Be Proven?
To find the defendant liable in a wrongful death case, the representative of the deceased’s estate must reach the same burden of proof the victim would have had to if still alive. The goal is to prove the victim would still be alive if they hadn’t encountered the defendant or if the defendant would have held up their responsibilities, such as duty of care, following traffic laws, etc.
Greater Houston Area Wrongful Death Attorney
Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball. If you need legal representation don’t hesitate to contact Beverly R. Caruthers Law Office!