Proving Negligence in a Wrongful Death Case: Key Elements to Consider

A wrongful death attorney reviewing paperwork in Missouri City.

Losing a loved one is one of life’s most heartbreaking experiences. When that loss is a result of someone else’s negligence, the pain can be even more difficult to bear. In such circumstances, understanding the legal aspects surrounding wrongful death cases becomes crucial. 

K.E. Bradley is a dedicated provider of personal injury lawyers in Missouri City. We have a proven track record of advocating for the rights of individuals and families who have suffered due to negligence. Contact us online or call (832) 440-0585 to learn more about our services.

Key Legal Factors for Establishing Negligence

Proving negligence in a wrongful death case typically involves establishing several key elements. While the specific requirements may vary by jurisdiction, here are the common elements to consider:

  1. Duty of Care: To prove negligence, you must demonstrate that the defendant owed a duty of care to the deceased person. This duty can arise from various relationships, such as a doctor-patient relationship or a duty to obey traffic laws while driving. A wrongful death attorney in Missouri City can help with this.
  2. Breach of Duty: You must show that the defendant breached their duty of care. This means they failed to act in a manner that a reasonable person would under similar circumstances. This breach is often the crux of the case, and evidence such as expert testimony may be required.
  3. Causation: It’s essential for your wrongful death attorney to establish a direct link between the defendant’s breach of duty and the death of the individual. 
  4. Damages: You need to demonstrate that the death resulted in damages or losses, which can include medical expenses, funeral costs, loss of future income, and pain and suffering. Damages are a crucial component of a wrongful death claim.
  5. Statute of Limitations: Be aware of the statute of limitations for filing a wrongful death claim in your jurisdiction. Missing this deadline can result in your case being dismissed.

Wrongful Death Attorneys in Missouri City

Ready to take action and secure justice for your beloved family member? Our dedicated wrongful death attorneys are here to stand by your side, provide legal expertise, and fight for the justice your loved one deserves. We understand the pain you’re going through, and we’re committed to helping you through this challenging journey. Call (832) 440-0585 today.