In Texas, wrongful death lawsuits are filed after a fatality is produced. These cases may apply to accidents as well as criminal acts. The purpose of this form of civil litigation is to prove that the death was avoidable. Negligence is typically the underlying cause for this civil action. A Lawyer In Rockwall TX helps families file these lawsuits after a fatality.
What Caused the Fatality?
The cause of the fatality is the primary objective for the lawsuit. The attorney must show through evidence and testimony that an alternative course of action could have prevented the death. However, in criminal proceedings, the criminal case shows how the actions of the accused contributed to the victim’s death.
By identifying the cause, the attorney builds a case to show how the injuries were produced. They show through evidence how the injuries are connected to the defendant’s actions. In an automobile accident, the attorney must show that the intoxication levels of the driver contributed to the cause of the accident.
Who is Accountable for the Fatality?
In these lawsuits, the defendant may vary. In medical malpractice lawsuits, the doctor or staff of doctors may be accountable for the injuries. Equally, if the fatality was the results of product’s liability, the attorney must connect the use of the product with the victim’s injuries. The attorney must investigate the accident or criminal act to identify all parties who were responsible for the victim’s death.
What Evidence is Needed to Identify Wrongful Death?
Evidence could range from medical evidence to forensic testing. In cases involving criminal acts, a forensics technician must show the exact cause of death. They must present testimony and testing results that make the injuries conducive to the actions that caused them.
In Texas, wrongful death is identified as an avoidable fatality that is caused by negligence. The actions of the defendant must connect to the way in which the injuries were produced. The attorney must connect the series of events that lead up to the death to the defendant. Families that need to file a lawsuit should hire a lawyer in Rockwall TX by contacting the Law Offices of Tim Hartley or browse the website for further details.