Burden of Proof in New Braunfels Wrongful Death Claims

 

When pursuing a wrongful death claim in New Braunfels, Texas, the burden of proof rests with the plaintiff to demonstrate that another party's negligence or wrongful act caused their loved one's death. This legal responsibility requires families to establish four key elements: duty of care, breach of duty, causation, and damages. Successfully proving these elements often involves gathering substantial evidence, including medical records, expert testimony, accident reports, and witness statements. The complexity of wrongful death cases in Texas often necessitates thorough documentation of both economic damages, such as lost wages and medical expenses, and non-economic damages like pain and suffering or loss of companionship.

Legal Rights and Considerations

Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims, allowing surviving spouses, children, and parents to file within two years of the death. Claims must be filed in Comal County courts if the death occurred in New Braunfels. Texas follows modified comparative negligence rules, meaning recovery is possible if the deceased was less than 51% at fault. Compensation may include medical expenses, funeral costs, lost earning capacity, and non-economic damages. Insurance considerations typically involve liability policies, with Texas requiring minimum coverage of $30,000 per person for bodily injury. An experienced New Braunfels wrongful death claim lawyer will handle all aspects of the legal claim.

A wrongful death claim can be launched after a fatal crash of any type. click the links below to learn how a good personal injury attorney can help with your claim, including:

 

Related Resources

Local Courts:

  • Comal County District Court
  • Comal County Court at Law

Support Services:

  • Texas Crime Victims' Compensation Program
  • New Braunfels Grief Support Groups
  • Comal County Victim Services Division

Legal References:

  • Texas Transportation Code
  • Texas Civil Practice and Remedies Code
  • Texas Department of Insurance Regulations

Return to the New Braunfels wrongful death information page

Most recent accident reports

A small aircraft crashed in an open field near the intersection of Westmeyer and Kroesche Lane in New Braunfels, Texas, on Friday night around 10:50 PM, resulting in two people being hospitalized.

Date: 
Friday, December 27, 2024