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.
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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
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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.

Frisco Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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