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The Elements of a Successful Wrongful Death Claim in Texas

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To recover damages due to wrongful death, the applicable Texas statute requires family members to show that a defendant owed the deceased victim a duty, this duty was breached, and the breach of the duty was the actual or proximate cause of the victim’s death. Further, the family members or loved ones suffered damages and losses due to that death. In certain cases, particularly where the victim succumbed to injuries weeks or months after an accident, proving these elements can be challenging.

For more than 20 years, the Texas wrongful death lawyers at Patterson Law Group have risen to that challenge and have recovered substantial compensation for the survivors of victims who died due to another party’s egregious negligence or intentional misconduct. Contact us today to schedule a free consultation.

How do the duty and breach-of-duty elements apply in a Texas wrongful death lawsuit?

The duties we owe each other in a civil and ordered society are well-established under the law. For example:

  • Motorists must operate their vehicles safely and in accordance with traffic laws.
  • Property owners must keep their premises free from known hazards that can cause trip-and-fall injuries.
  • Physicians and medical professionals must provide services under prevailing medical standards.
  • Companies must not offer consumer products that pose an undue risk of death or severe injury when they are used for their intended purpose
  • Fraternal or sports organizations must not require new members to participate in dangerous hazing rituals.

An experienced Fort Worth wrongful death attorney will analyze the specific facts of each situation where negligence or intentional misconduct has led to a death and establish the duty and breach of duty–based on those facts.

How is causation shown in a Texas wrongful death lawsuit?

Even where it seems wholly apparent that a defendant’s negligent conduct caused an accident victim’s death, the defendant might argue that:

  • The victim’s own conduct was also negligent and was a predominant cause of their demise.
  • If a long time elapses between an accident and the victim’s death, the defendant might argue that some intervening event caused that death.
  • Where a faulty consumer product caused the victim’s death, the defendant might claim that the victim modified the product to remove safety systems.

A knowledgeable Texas wrongful death lawyer will predict these and other potential defenses and prepare to rebut them with the facts of each case.

Contact Us at the Patterson Law Group for Representation in a Texas Wrongful Death Lawsuit

Our compassionate Texas wrongful death attorneys at the Fort Worth-based Patterson Law Group offer free consultations on wrongful death and other negligence cases. You must file your Texas lawsuit within two years of the event that caused your loved one’s death. Please call us as soon as possible to start recovering the wrongful death damages you deserve. We work on a contingency basis, so there are no upfront legal fees.

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