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Texas wrongful death lawsuits: what is negligence?

June 22, 2009

In a Texas wrongful death lawsuit, an attorney must be able to establish four things:

  • A human being has died.
  • The death was a result of a third party’s negligence.
  • The decedent has surviving family members.
  • The decedent’s surviving family members have suffered harm because of the death.

A person is negligent if their conduct departed from the conduct that could be expected from a reasonable person in the same circumstances. In less technical terms, your Texas wrongful death attorney will be proving that the defendant was acting carelessly and the decedent died as a result of that carelessness.

The theory of negligence is the basis for holding a person legally responsible in wrongful death lawsuits as well as any Texas personal injury lawsuit. All of us have a general duty to those around us to act in a reasonably safe manner. If a person fails to do so, and someone is killed as a result, then a Texas wrongful death claim may arise.

If you have lost a loved one to the negligence of a third party, contact Fears Nachawati today to learn more about wrongful death lawsuits. We will provide you with a free, no obligation legal consultation. Simply email us at or call us on our toll-free hotline at 1.866.705.7584.

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