Determining Negligence in New Braunfels Wrongful Death Claims

A wrongful death action is appropriate in situations where a person passes away due to an act of negligence. This type of lawsuit can provide financial compensation after the passing of a loved one. However, not every loss leads to a viable claim. To succeed, you will need evidence.

Determining negligence in a New Braunfels wrongful death claim can be challenging on your own. The support of a dedicated wrongful death attorney is vital. Let skilled legal counsel help you build the strongest case possible.

What is Negligence?

In order to prove that someone is negligent in a New Braunfels wrongful death claim, a plaintiff must establish four unique elements. Every element has to be proven for the claim to be successful.

First, there needs to be evidence that the defendant owed the deceased person a duty of care. How difficult this element is to prove depends on the type of case. For example, there is little doubt that a motorist owes a duty of care to those they share the road with.

Second, a plaintiff must show the duty of care was breached. This requires evidence of a careless, reckless, or intentional act that led to a person’s death. Examples might include causing a wreck while driving under the influence or failing to diagnose a serious illness.

The third element is the link between death and the breached duty of care. A defendant is only liable if they are directly at fault. The final requirement is compensable damages like lost wages or medical bills.

Examples of Wrongful Deaths

There are countless ways for a negligent act to cost someone their life. The evidence needed for determining negligence in New Braunfels wrongful death claims varies depending on the nature of the fatal accident. Some common examples include the following:

Motor Vehicle Accidents

One of the most common causes of fatal injuries is motor vehicle collisions. These accidents can involve passenger cars, commercial trucks, motorcycles, and even bicycles. Usually, these incidents occur as the result of driver error. Factors like carelessness, impairment, or fatigue can lead a motorist to make a mistake that causes a fatal accident. These claims do not rely on intentional or criminal acts to be successful.

Medical Mistakes

Doctors are held to a high standard when they are tasked with providing medical care. The mistakes they make can have lasting or even fatal consequences. Often, this involves a medical professional failing to meet accepted standards of care when they fail to diagnose a medical condition. Another example is the loss of life after a surgical error.

Defective Products

Dangerous or defective products can also cause fatal injuries. This could include anything from faulty appliances or contaminated food. Unlike most defendants, the manufacturers of these goods are held to a standard that is higher than standard negligence cases.

Talk to a New Braunfels Attorney About Determining Negligence in a Wrongful Death Action

A civil lawsuit might be your best option for getting justice following the passing of a loved one. That does not mean this process is easy. Determining negligence in New Braunfels wrongful death claims can be challenging without the help of strong legal counsel. Call today for a private consultation.