If your loved one was killed in a wrongful death accident and you need help with a claim, 
Establishing Duty of Care in Texas Wrongful Death Claims
Understanding and proving duty of care is the cornerstone of any Texas wrongful death claim. This legal concept requires a demonstration that the defendant had a specific obligation to act in a way that would protect the deceased from harm. The nature and extent of this duty vary significantly depending on the relationship between the parties and the circumstances surrounding the death. Texas courts evaluate duty of care based on established legal precedents and the specific context of each case.
Proving Breach of Duty in Wrongful Death Cases
Once a duty of care is established, Texas law requires evidence showing how the defendant failed to meet their legal obligations. This breach of duty must be proven through evidence. The legal standard focuses on what a reasonable person or entity would have done in similar circumstances, making it essential to demonstrate that the defendant’s actions fell below this standard.
Breach of duty often requires expert testimony to establish the accepted standards in the relevant field and to show how the defendant’s conduct deviated from these standards. This is because ordinary jurors may not know the standard of care of a relevant trade or field. For instance, what is considered excessive driving for a commercial operator? Two hours, eight hours, or ten hours? Expert testimony helps clarify complex technical details and supports the argument that the defendant’s actions directly contributed to the wrongful death.
Demonstrating Causation in Wrongful Death Claims
Proving causation represents one of the most challenging aspects of meeting Texas’s legal requirements for wrongful death claims. It’s not enough to show that the defendant breached their duty; you must establish that this breach directly led to the death. Texas law recognizes two types of causation that must be proven: cause-in-fact (actual cause) and proximate cause (legal cause). This dual requirement ensures that defendants are held responsible only for deaths that were both actually and legally caused by their actions or omissions.
Required Elements of Causation:
- Cause-in-Fact: Direct link between the breach and the death, evidence that the death wouldn’t have occurred without the breach, medical evidence connecting injuries to death, and expert testimony on the causation chain.
- Proximate Cause: Foreseeability of harm, absence of superseding causes, reasonable connection between the breach and the outcome, and evidence of a causal chain.
Causation often requires expert testimony, especially in medical malpractice cases, complex accidents, or product liability claims. Establishing actual and legal causation is critical for holding the defendant accountable and securing compensation for the family.
