Proving Fault & Negligence For A Wrongful Death Claim With An Attorney In Corpus Christi
Understanding Wrongful Death And What It Is
When looking for the right wrongful death attorney in Corpus Christi, it’s important to understand the history behind this regulation. It was created in the 19th century as a way to seek specific damages for a wrongful and/or negligent act. In that time, it was impossible to challenge such cases and that meant many individuals were let off without charges. However, once the regulations were put in, it provided the ability to claim for the wrongful death. The state started incorporating survivor statutes and wrongful death statutes into the state legislatures as a way to help out close family members and heirs. This was an important way to seek out damages and make sure they were able to manage financial losses and/or other related compensation. In some cases, this would include seeking out funeral costs and other present-time damages that had to be filled after the death. All of this would be brought into the case. To see whether you have a case, make sure to check out our site for more information.
It’s important to note damages might be present in a wrongful death case, however, this doesn’t mean negligence was involved. There are different elements to each case and those have to be considered to file a lawsuit. It’s important to focus on these elements, which include damages, causation, breach of duty, and duty.
1. Establishing Duty
Before a defendant can be prosecuted, he/she has to be held liable for negligence. This is done by understanding “duty” and how it is handled. In general, “duty” refers to the idea of a person (defendant) being held responsible directly or indirectly for the safety of another person (dead plaintiff). If the person is not kept safe by the person that has established duty then he/she can be sued under the wrongful death act. A good example of this would be a plaintiff that has stated the defendant was driving recklessly on the road and killed the decedent. This would be argued in the court of law as the defendant had the duty to operate a car safely without putting others in danger while doing so. In most wrongful death cases, a judge is going to be held responsible for establishing duty and certifying it. This is done based on the facts presented in the court of law and what the judge feels fits according to public policy. If the judge believes there was established duty then he/she will move forward with the case and ask for both parties to meet. This is done by understanding the act and how it harmed the decedent.
2. Proving Breach of Duty
Plaintiffs are asked to present detailed and accurate evidence suggesting duty can be determined and how the defendant breached it. This can be done using specific examples such as the defendant not paying attention to the road and hitting the decedent leading to death. If this is proven then the breach of duty is established and it can be put in front of a jury. It’s important for the plaintiff to prove his/her information and make sure it is true.
3. Establishing Causation
After the breach of duty has been established, the plaintiff has to move forward and illustrate how this breach led to a wrongful death. Having a breach of duty is not enough to convict a defendant of his/her action as it has to lead to the death itself. In the accident, this would mean the defendant’s car was the one that hit the decedent. If this is not proven then the jury is not going to find the defendant guilty and that will be the end of the case. It is important to think about these details in advance as they can become complicated.
4. Establishing Damages
While causation and breach of duty are important, it is also essential to take a look at the decedent’s damages. This is the only way to know whether or not those damages actually led to the plaintiff’s death. This is essential as it can lead to the rest of the elements being proven as it is going to offer value.
Meet our wrongful death attorney in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles