How to Prove Your Wrongful Death Claim in El Paso
Losing a loved one is never easy, but coping with their death is especially difficult when you suspect it occurred because of a negligent person or business. If your loved one died as a result of medical malpractice, a reckless driver, a defective product, or a workplace accident, you could sue the at-fault party for wrongful death. These cases are complex, but a Texas wrongful death lawyer can help you build a successful one. If you live in El Paso and believe that someone in your family suffered a wrongful death, the attorneys of Carabin Shaw are here to help you.What Are Wrongful Death Claims?
Certain circumstances might lead you to ask, “What is a wrongful death claim definition?” A wrongful death claim in Texas occurs when someone dies as a result of carelessness, neglect, intentional harm, or medical malpractice. These claims allow the plaintiff—the deceased’s spouse, children, or parents—to file a lawsuit against a defendant who is legally responsible for the death. A successful case will result in the defendant paying wrongful death claim damages, which might include:
- Funeral and burial costs
- Loss of expected income in a spouse’s case
- Loss of inheritance
- Loss of emotional support
- Mental anguish
El Paso wrongful death attorneys understand the nuances of this type of claim and can leverage that knowledge to further your case.How Common Is Wrongful Death?
Wrongful death is more common than you might think. The Centers for Disease Control and Prevention (CDC) reports that unintentional injury caused 146,571 deaths in the United States in 2015. Of this number, 37,757 deaths occurred because of motor vehicle traffic accidents and negligent driving. Additionally, 47,478 people died of “unintentional poisoning,” and 33,381 people died of “unintentional fall deaths”—many of which occur at unsafe work sites.
These numbers, however high, do not factor in the thousands of accidental medical deaths the CDC does not document.
A research team led by Dr. Martin Makary at the Johns Hopkins University School of Medicine found that “medical errors” are now the third-leading cause of death in the United States, taking more lives annually than respiratory disease, Alzheimer’s, and other accidents. Makary’s 2016 study estimates that approximately 251,000 patients die every year because of medical malpractice. If you suspect a careless clinician caused your loved one’s death, you should look into filing a wrongful death claim.
El Paso is not immune to these figures. Lawyers know that all types of wrongful deaths occur here, too.What Are the Elements for a Wrongful Death Claim?
To prove a wrongful death claim, the plaintiff will need to establish the following:
- Duty of care: Your attorney must prove that the defendant had a legal obligation to your loved one to exercise caution when performing an activity that could reasonably harm others. For example, a reckless motorist has a responsibility to other drivers to follow traffic laws because failing to do so could result in an accident.
- Breach of duty of care: A valid wrongful death claim must show that the defendant failed to uphold their duty of care. For example, El Paso personal injury lawyers need proof that a driver violated traffic laws.
- Causation of death: Finally, the connection between the breach of duty of care and the untimely death needs to be clear.
Though compiling evidence and making these connections requires a lot of work, a skillful lawyer will know how to prove your wrongful death claim in El Paso.Finding a Wrongful Death Attorney in El Paso
The primary goals of wrongful death claims are holding the guilty party responsible for their actions and helping family members receive damages that will help offset the emotional and monetary costs of losing a loved one. Carabin Shaw is committed to meeting these ends on your behalf.
To schedule a free consultation with a lawyer in El Paso, dial 915-779-2301 or call us toll-free at 800-862-1260.