If someone you love dies due to someone else’s careless or negligent actions, you may be able to file a wrongful death claim. But what are common causes of wrongful death, and how do you know if you have a case? Here is some information to help you better understand this complex legal area.

Common Causes of Wrongful Death

There are many possible causes of wrongful death, but here are some of the most common examples.

Product Defects

A manufacturer could be liable if they failed to ensure a product is safe for intended use. Examples include serious design defects or a failure to include warning labels.

Anything from children’s toys to food can be dangerous if manufactured or sold incorrectly.

Workplace Accidents

Employers can be liable for wrongful death if they don’t provide a safe working environment e.g. a failure to provide the proper equipment or the failure to train employees adequately.

Industrial illnesses, such as mesothelioma, can also fall under wrongful death claims.

Medical Negligence or Malpractice

Wrongful death can result from medical malpractice. Examples of when medical errors lead to death include wrongful diagnosis, birth injuries, and delayed treatment.

Essentially, if a medical professional’s careless or wrongful act causes death, there may be a wrongful death claim.

Motor Accidents

Motorists can be responsible for wrongful death if they violate traffic laws e.g. drunk driving. Reckless or careless driving can also kill pedestrians, cyclists, and other road users.

Wrongful Death: Elements of a Successful Claim

To make a wrongful death claim in Texas, you must prove four things.

1. Duty of Care

The defendant must owe the victim a duty of care. A duty of care is the obligation to act in a certain way to respect others’ safety. An example might be the duty to treat patients safely.

2. Breach of Duty

Then, you must show the defendant breached this duty in some way. So, you need to demonstrate how the defendant acted negligently or carelessly.

3. Proximate Cause

Next, the plaintiff must prove that the defendant’s breach of duty caused the victim’s death. In other words, the victim would still be alive if it wasn’t for the defendant’s negligent or wrongful actions.

4. Monetary Loss

There must be monetary loss or quantifiable damages of some kind to prove a wrongful death claim. Financial losses include:

• medical bills
• funeral expenses
• lost earnings or earning potential

You can also claim for damages resulting from:

• loss of protection
• pain and suffering

You must also have the right to sue for wrongful death in Texas i.e. you’re the person’s spouse, child, or parent.

Contact Us Now

At the Alexander Law Firm, we’re committed to ensuring you secure any compensation you’re entitled to after a wrongful death in Texas. We don’t charge anything unless your case is successful. Contact us now on (800) 350-5110 to discuss your case!