/Elements Of A Wrongful Death Case
Elements Of A Wrongful Death Case

Elements of a Wrongful Death Lawsuit in Texas

Candles at a funeralWhat is a Wrongful Death Case?

When someone is killed due to the negligence of another person or company, the surviving spouse or children can bring a claim for wrongful death. A wrongful death claim involves compiling evidence of wrongdoing, interviewing witnesses, analyzing the negligent party’s insurance policy, and negotiating back and forth with the insurance company. In some cases, filling a lawsuit may be necessary. The lawyers of Michael P. Fleming are here for you and your family in your time of need.

Types of Compensation for a Wrongful Death

  • Medical bills;
  • Loss of consortium;
  • Lost wages;
  • Funeral and burial costs;
  • Loss of a provider;
  • Pain and suffering.

Who was Negligent?

Negligence refers to fault. The party that caused the death is said to be negligent, and proving negligence is a large part of many wrongful death claims. The other party will almost always deny wrongdoing and negligence, even when the evidence shows the contrary. In some cases, both parties may share some responsibility. This is referred to as contributory negligence, and the amount of contributory negligence on behalf of the victim will be detracted from their family’s wrongful death compensation.

My husband had a fatal injury at work. How can I find out what happened?

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Examples of Wrongful Death Cases

Wrongful death can occur at home due to faulty products, at work due to unsafe conditions, and on the roadways due to careless or reckless drivers. For example, a man was recently killed by a drunk driver in Cypress, Texas northwest of Houston. The drunk driver had five previous Driving While Intoxicated (DWIs) on his record. Our law firm also handles fatalities caused by trucks, as was the case when a truck wheel recently flew off and hit and killed the Houston driver of an SUV. Workplace fatalities are another type of wrongful death case with which we have experience. If a loved one is killed on the job, even if there is workers’ compensation available, there are many instances in which the surviving spouse or children have the right to sue the employer for egregious negligence.


For any type of car or truck accident, the police will be involved and a crash report will be created after the accident scene investigation has taken place. Similarly, an investigation will be carried out for wrongful death at work. If a fatality occurred months or years later as a result of the work accident from toxic exposure, a wrongful death lawsuit may still be pursued.

A Houston Wrongful Death Attorney is Here to Help

If your loved one lost his or her life while at work or because of the actions of a careless or reckless party, you have legal options to make sure that the at-fault person or entity is held financially responsible. We understand that pursuing a claim or lawsuit may likely be the last thing on your mind during this time of grief, yet the importance of holding the negligent party accountable is great. The costs of a wrongful death cannot be made up in any amount of money, but the compensation that we may be able to help you recover will ensure that your family does not suffer financially, as well. Reach out to the wrongful death attorneys of Michael P. Fleming & Associates today 713-221-6800.