Where a murder or suicide case is considered a criminal case, a wrongful death case is usually considered a civil case. A civil case simply aims to prove a defendant’s negligence was responsible for the death and hold them accountable for the loved ones’ financial losses, whereas a criminal case aims to punish the defendant for causing the death. A wrongful death lawsuit seeks financial compensation for the deceased’s family to ease the pain of their loss.
In Texas, wrongful death is when a fatality is caused by another individual’s negligence. It’s usually a scenario where if your loved one had lied, they would have been able to file a personal injury lawsuit, but since they didn’t, a family member will file a wrongful death lawsuit. If you’re the deceased individual’s spouse, child, close relative, or dependent, you may be able to file a wrongful death suit. You’ll want to sit down with a wrongful death attorney to discuss what your options might be.
What Does a Plaintiff Need to Prove in a Wrongful Death Case?
The vast majority of wrongful death lawsuits are from negligence. Negligence is defined as the failure to act in a reasonable manner or according to the standards of care, resulting in injury or harm to another person. The plaintiff’s lawyer will need to prove negligence.
In a civil case, it won’t need to be proven that the defendant meant to kill your loved one, or even intended to cause harm to them. Your attorney will simply need to prove that your loved one died because the defendant was careless. Our wrongful death law firm deals with these cases all the time and can quickly help you build a case that proves you deserve compensation.
What is the Burden of Proof?
When it comes to any sort of personal injury claim, or in this case, wrongful death, it is the plaintiff’s job to prove the case. The burden of proof. The plaintiff must show clear evidence to convince the court that the defendant is likely responsible for the death. That said, gathering evidence and witnesses is still tough. A wrongful death lawyer will help create a strategy, gather evidence and witnesses, and win your case. For more information on wrongful death lawsuits, contact a Waco wrongful death attorney today.
Do I Need a Wrongful Death Lawyer?
In Waco, it’s possible to file a lawsuit for a wrongful death. If you’re a family member of a deceased person, or representative of their estate, and you think their death was preventable, you can file a civil lawsuit seeking financial compensation from the individual responsible for the death. However, before the judge will award you compensation, you’ll need to prove wrongful death. The legal process is long and complicated, a wrongful death attorney can handle the entire thing and make sure you can prove your case. Reach out to For the Win Law for a one-on-one consultation today at (254) 870-4800.