Frisco Wrongful Death Case Process

Making a Case for Wrongful Death

Whether the claim goes to trial or settles out of court, a lawyer must show that negligence directly resulted in the victim’s passing. To prove negligence during a wrongful death case process in Frisco, they must:

• Establish Duty of Care: “Duty of care” refers to care owed to the deceased individual by the defendant. For example, all motorists have a duty to drive their vehicles in a safe manner, observing all traffic laws.
• Show That Duty of Care Was Breached: The attorney must prove that the defendant not only owed the deceased person duty of care but also failed to provide it. If a motorist is driving while intoxicated, for example, they are showing a breach of care to everyone else on the road.
• Establish the Link Between Breached Duty of Care & Fatal Injuries: Finally, an attorney must show that the defendant’s negligence directly resulted in the victim’s passing. If the intoxicated driver hits and kills a pedestrian, their actions are responsible for that person’s death. Once the attorney establishes the connection, they could request damages on behalf of the surviving family members. This could include compensation for emergency medical care, funeral and burial expenses, loss of life enjoyment, loss of future wages, loss of companionship and support, mental and emotional anguish, and pain and suffering.