Who Is Responsible For A Wrongful Death?

The particulars of your case will determine who can be held accountable for wrongful death. Wrongful death lawsuits may be filed against a huge range of people and organizations.

The following are some of the most typical wrongful death case types and the parties involved in each:

  • Vehicle Drivers
    Every day, fatal collisions involving all kinds of cars occur for a variety of reasons, which contribute to the high accident rates. Driving while texting, being intoxicated, preoccupied, speeding, or driving carelessly through traffic are all common. In a wrongful death case, the other driver who caused your loved one’s death, as well as their company, will be held accountable.
  • Government Agencies
    An action for wrongful death can be brought against a government organization when it is at fault for a tragic accident, such as a car accident brought on by a lack of traffic signs or a traffic enforcer  However, there are specific circumstances in which government entities and personnel are given extra-legal defenses.
  • Medical Professionals
    Medical malpractice is defined as the failure of a medical practitioner fails to treat a patient with the level of care that is reasonably expected of them and harms the patient as a result. In the event that a patient dies as a result of medical malpractice, the healthcare professional and/or their company may probably be liable in a wrongful death action.
  • Manufacturers of Detective Products
    Manufacturers of consumer goods and other parties engaged in their distribution may be held accountable if a fatality results from a product’s flaw and sale to customers.


How to Prove That Another Party is Liable for a Wrongful Death

The executor of the decedent’s estate or the survivor’s family must establish the following elements in order to properly hold another party accountable for wrongful death:

  1. Duty of Care: The responsible person had a responsibility of care to for the deceased. For instance, a negligent driver owes it to other road users to follow the law, and a property owner has a duty to keep their space adequately safe for guests. 
  2. Breach of Duty: As an example, driving while intoxicated or neglecting to remedy a known hazard on a property are examples of how the at-fault party breached their duty by failing to act responsibly. 
  3. Causation: The death of the person was directly caused by the at-fault party’s failure to uphold their responsibility. In other words, if it weren’t for the negligent party’s acts, your loved one wouldn’t have passed away. 
  4. Damages: The death of their loved one resulted in financial, emotional, or other losses for the deceased’s estate or remaining family.


Are you looking for an experienced wrongful death attorney in Weslaco, TX? Contact The Lopez Law Group at 972-793-8989  today to schedule your free consultation today.

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