Determining Negligence in Frisco Wrongful Death Claims
The death of a loved one is a difficult experience, regardless of the circumstances. When the death is caused by someone else’s negligence, the shock can be even more severe.
If your loved one recently passed because of a preventable situation, learn more about who could be held accountable by speaking with an experienced attorney. Determining negligence in Frisco wrongful death claims could be essential to secure the compensation your family needs to move forward and gain a sense of justice.
How is Negligence Proven for Wrongful Death?
Establishing negligence in a Frisco wrongful death lawsuit requires demonstrating that the deceased individual would have survived if not for the defendant’s actions. The elements of negligence in wrongful death actions include:
Duty of Care
The deceased individual was owed a duty of care by the defendant but did not receive it.
Breach of Care
Next, the lawyer could show that the defendant breached a duty of care. This duty is different depending on the situation, whether it be a negligent landlord leaving the walkway icy or a reckless driver disobeying traffic laws.
For the surviving family members to recover compensation, their legal representative must show the direct connection between the breached duty of care and their loved one’s fatal injuries.
Common Damages in Wrongful Death Actions
Once negligence has been established in a wrongful death suit, family members may request a range of economic and non-economic damages. Economic damages compensate for expenses related to the accident, while non-economic damages concern the emotional and mental suffering surviving loved ones’ experience. Among the most commonly requested damages in these cases include:
- Emergency medical care
- Funeral and burial expenses
- Diminished earning capacity or lost wages
- Loss of companionship
- Loss of life enjoyment
- Loss of support and care
- Pain and suffering
- Mental and emotional anguish
Deadlines for Negligence Claims after Fatal Accidents
Claims usually have a two-year timeframe for filing that starts on the date of the person’s passing. Texas courts do allow some exceptions to this statute of limitations, such as if the case involved some type of fraud to conceal the negligence causing death. Exceptions do not apply to medical malpractice cases, which must be filed within two years to avoid case dismissals. A knowledgeable Frisco attorney could further explain the relevant wrongful death deadlines for recovering compensation from the negligent party.
Speak With a Frisco Attorney About Establishing Negligence in Wrongful Death Claims
If you believe your loved one’s passing was caused by someone else, schedule an appointment with an attorney as soon as possible. Determining negligence in Frisco wrongful death claims can be difficult, but an experienced legal professional could ease the process.
Contact our law firm today to start working on your case. We are here to help you however we can.