Can I Sue for Wrongful Death?
If you are the executor of an estate and/or a close family member of someone who died as a result of an accident, you may be able to sue for wrongful death. If your family member or close friend was killed by medical negligence or by a defective drug or dangerous product, you may also have a wrongful death claim. You need to understand when you can pursue a case for wrongful death after someone passes away in El Paso or surrounding areas. The Huerta Law Firm, PLLC can review the facts surrounding a death to help you to determine if a lawsuit is likely to result in a damage award.
Burden of Proof in a Wrongful Death
A wrongful death case may be pursued when a plaintiff can prove that a defendant breached a legal duty or obligation. The plaintiff must prove that the breached legal obligation was the direct cause of the death, and that the death could have been a foreseeable result of the defendant’s failure. The specific duty owed may vary depending upon the relationship of the deceased with the defendant. For example, in a product liability case, manufacturers are strictly liable if a defective product causes harm or death when used as intended, because manufacturers have a duty to test their products for safety before selling them. A wrongful death lawyer in El Paso can provide guidance on what you must prove to make a wrongful death claim and can help to meet the burden of proof.
Getting Legal Help
When a wrongful death occurs in El Paso, the losses can be significant. A lifetime of lost compensation must be taken into account when determining an appropriate damage award. The Huerta Law Firm, PLLC can help prove a right to make a claim and can assist plaintiffs in getting fair compensation. Contact us today!