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.
How is NegligenceProven 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-Related Injuries: 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.
- 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.