El Paso Wrongful Death Lawyer
If a loved one has died because of the negligence of another party, a wrongful death lawyer can help you build a case against the negligent party. At the Huerta Law Firm, we understand that losing someone this way can be incredibly painful. Not only can it be an emotionally trying time, you’re usually faced with tough legal and financial decisions. The wrongful death lawyers at the Huerta Law Firm can help you build a case to not only bring awareness to your situation, which may be dangerous to others, but also help you receive the compensation you deserve.
What Qualifies as a Wrongful Death?
When someone dies at the hands of another person–deliberately, accidentally, or negligently–their death can be classified legally as a homicide, manslaughter, or wrongful death.
- A death is considered a homicide when a person deliberately and unlawfully kills another person.
- When someone kills someone without any premeditation, it is considered manslaughter.
- Typically, a wrongful death happens when someone dies because of the negligence of another person and no criminal action is sought after the situation.
It can be hard to differentiate between manslaughter and wrongful death. Typically, wrongful death is determined by statutes, or previous cases involving similar situations. Some examples of wrongful deaths include faulty car parts being responsible for a deadly accident, accidents at amusement parks due to improper safety protocols, and medical malpractice.
Filing a Wrongful Claim
There are many steps you have to take in order to file a wrongful death lawsuit. First, you must have proof of negligence. In other words, had the victim lived, he or she would need to prove negligence as well. To do so, you must be able to establish:
- In order to file a claim, you must be able to prove that the defendant owed the deceased due care, or duty. For example, if you’re filing a wrongful death due to medical malpractice, there is an understanding that doctors and nurses are supposed to take care of their patients. Therefore, they have a duty. When that duty is compromised and a patient is injured or killed, they may be served with a lawsuit.
A Breach of Duty
- Once you’ve established a duty existed, you must be able to prove that the person breached the duty. For instance, if someone has passed because of a car accident, you would have to prove that the other driver had been distracted or something else that would lead them to crash. This would be a breach of duty. The duty would be to drive safe, the breach of duty is that they didn’t.
- You must be able to prove that it was indeed that person who caused the wrongful death. Using the medical malpractice example, you would have to prove that a specific doctor or nurse caused it and another one.
- Damages prove that a person was actually wrongfully affected by another person’s actions. In this case, the damages would be that the person was killed.
Your best bet for making a successful wrongful death claim is to work with a wrongful death lawyer. A lawyer will be able to help you accurately build a case while also navigating legal jargon you may not be familiar with. The lawyers at the Huerta Law Firm can help. Call today for more information!