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Grounds for a valid wrongful death claim

Jul 17, 2022 | Personal Injury

After the death of a loved one, a Texas family could be left facing inexplicable loss and other complications that will change their lives. In the aftermath of a traumatic event, it can be difficult to know how to pick up the pieces, and many grieving loved ones may not consider the potential legal options available to them. Depending on the details of the fatal accident, it may be possible to file a wrongful death claim.

When is this a valid option?

A fatal accident is not always the only reason to file a wrongful death claim. The fatal accident must be the result of the negligent or reckless actions of another person, and there must be evidence of certain elements. For a valid wrongful death claim, the following elements must be present:

  • The death of a human being
  • Evidence that the death was the result of the actions of another person or party
  • Surviving family members are struggling with financial loss because of the death

Before commencing a civil claim, a representative for the estate must be appointed in probate court.

Recovery of financial loss

While there is no way to undo the loss of a loved one, a Texas family can take legal steps to hold the responsible parties accountable for their actions. Through the civil justice system, it may be possible to recover losses and begin to move forward. After the death of a loved one, a family may benefit from speaking with an attorney about the legal options available.