Making A Wrongful Death Claim on Behalf of Someone Who Has Died

Some negligent acts result in the untimely death of an individual. These are called wrongful death claims. Texas law allows wrongful death claims to be brought by the spouse, children or parents of the person killed. The estate of the accident victim (as determined by a will or by law if there is no will) can also bring a lawsuit to recover compensation for the pain suffered by the accident victim prior to his or her death.

The same elements required for a valid personal injury claim also apply to a wrongful death claim: you must prove someone else's negligence caused the death. If a death occurs immediately or soon after a negligent act, then it's usually not too difficult to prove causation. But if a death occurs later (weeks, months or even years), then it becomes more difficult to connect the negligence to the death. Usually expert medical testimony helps to prove (or disprove) causation. Along with a permanent injury such as brain damage or paralysis, wrongful death cases are the most serious and hotly-contested of all personal injury actions.

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