Common Defenses in Wrongful Death Claims and How to Fight Them
Wrongful death claims arise when someone dies due to the negligence, recklessness, or intentional actions of another party. These claims aren't just about financial recovery—they're about holding those responsible accountable and seeking justice for the surviving family members.
Unfortunately, defendants often mount strong defenses to reduce liability or dismiss claims entirely, which can make pursuing a wrongful death lawsuit challenging. At Rodman Law Office, we help families across Texas pursue wrongful death claims while facing these defenses head-on. We provide clear guidance and fight for the rights of grieving families.
If you’re facing the loss of a loved one due to another party’s actions, it’s important to act quickly and consult our Austin, TX wrongful death attorney who can protect your legal rights and guide you through the process. Reach out to us today to discuss your situation and learn how we can help you fight the defenses that may arise in your claim.
Common Defenses in Wrongful Death Claims
Defendants in wrongful death claims often use several standard defenses to avoid liability or reduce damages. Understanding these defenses is the first step in countering them effectively. While some defenses are straightforward, others can be more nuanced, requiring careful preparation and evidence.
Comparative or contributory negligence
One of the most common defenses is that the deceased contributed to their own death. In Texas, comparative negligence rules allow the court to reduce damages if the deceased's actions partially caused the incident.
Failure to act safely: Defendants may argue that the deceased didn’t follow safety protocols, like ignoring traffic signals or not wearing protective equipment.
Assumption of risk: The defense might claim that the deceased knowingly engaged in risky behavior, such as extreme sports or hazardous work conditions.
Countering this defense requires thorough documentation of the circumstances leading to the death. Eyewitness statements, expert testimony, and safety reports can help demonstrate that the deceased’s actions were reasonable or that the defendant’s negligence was the primary cause.
Statute of limitations
Defendants may argue that the claim is barred due to time limits for filing a lawsuit. In Texas, wrongful death claims typically must be filed within two years from the date of death.
Missed deadlines: If the claim isn’t filed on time, defendants can seek dismissal.
Late discovery: Sometimes, defendants argue that the plaintiffs knew about the circumstances of the death long before filing.
To fight this defense, an experienced wrongful death lawyer can demonstrate circumstances that justify filing within the statutory period, such as delayed discovery of critical evidence. Acting promptly and maintaining thorough records of communication and medical reports strengthens your position against a statute-of-limitations defense.
Lack of causation
A common defense is claiming that the defendant’s actions didn’t actually cause the death. Defendants may argue that other factors, like pre-existing medical conditions or third-party actions, were the true cause.
Pre-existing conditions: These can be cited to argue that the deceased’s health issues contributed more significantly to the death than the alleged negligence.
Intervening actions: Defendants may claim that an unrelated event broke the chain of causation.
Expert medical testimony and accident reconstruction reports can counter these claims by clearly establishing how the defendant’s actions directly led to the fatal outcome. Thorough documentation and a clear timeline of events are crucial in disputing a lack-of-causation defense.
Mitigation of damages
Defendants may claim that the damages sought are excessive or could have been minimized. This defense questions the legitimacy or amount of the compensation.
Medical expenses: The defense may argue that certain costs were unnecessary or inflated.
Lost income: They may challenge the estimation of the deceased’s potential future earnings.
To respond, provide detailed records of medical bills, employment history, and expert economic analysis. Demonstrating the reasonableness and necessity of expenses helps make sure fair compensation.
Liability disputes
Sometimes, defendants argue they aren’t responsible for the death at all, pointing to shared liability or blaming another party entirely.
Third-party fault: Defendants may argue that someone else’s actions caused or contributed to the death.
Employer or contractor defenses: In workplace-related deaths, employers may claim that independent contractors or subcontractors were responsible.
Gathering comprehensive evidence and identifying all potentially liable parties strengthens a wrongful death claim and allows you to challenge attempts to unfairly shift blame.
How to Counter These Defenses Effectively
Successfully challenging these defenses requires careful preparation, strategic planning, and strong evidence. Each defense must be addressed specifically to protect the integrity of the wrongful death claim.
Build a strong factual record
Gathering evidence is essential to building a compelling wrongful death claim, as it forms the foundation for proving negligence and establishing liability.
Accident reports: Police and medical reports document the incident and injuries.
Witness testimony: Statements from those who saw the incident can provide critical context.
Photographs and video evidence: Visual proof helps establish conditions and actions leading to the death.
Medical records: Documentation of injuries, treatment, and cause of death supports claims of negligence.
By compiling thorough, organized, and credible evidence, families strengthen their case and create a robust record that helps counter defenses like contributory negligence or challenges to causation, increasing the likelihood of a fair outcome.
Utilize Professional testimony
In wrongful death claims, experienced testimony can play a critical role in establishing facts and reinforcing your case with objective analysis.
Medical experts: Confirm the cause of death and link it to the defendant’s actions.
Accident reconstruction specialists: Recreate events to show how negligence led to the incident.
Economic experts: Calculate lost income, medical costs, and long-term financial impact.
Presenting well-prepared professional testimony not only strengthens your claim but also helps clarify challenging issues for the court, making it more difficult for the defense to minimize or dispute liability. When combined with thorough documentation, professional analysis can significantly increase the credibility and persuasiveness of a wrongful death claim.
Challenge procedural defenses
Procedural defenses, like the statute of limitations, can sometimes be overcome through legal argumentation. This might involve demonstrating:
Delayed discovery: Evidence showing plaintiffs couldn’t have reasonably known about the death’s cause earlier.
Equitable tolling: Circumstances such as illness, mental incapacity, or other unavoidable delays.
Working with an attorney familiar with local courts and procedures makes sure procedural defenses are addressed promptly and effectively.
Highlight clear causation and responsibility
Establishing a clear connection between the defendant’s actions and the death is one of the most important elements of a wrongful death claim, as it forms the basis for liability.
Timeline of events: Clearly outline how the incident unfolded.
Defendant’s duty: Establish that the defendant had a legal responsibility to act safely.
Breach of duty: Show that the defendant failed to meet that responsibility.
This approach not only clarifies responsibility but also strengthens the argument that the defendant’s actions were the primary cause of the death. By presenting a clear and detailed account, families and attorneys can effectively counter defenses that attempt to shift blame or deny causation, making sure the focus remains on the party responsible.
Defending Against Comparative or Contributory Negligence Claims
Contributory or comparative negligence is a major hurdle in wrongful death claims, especially in Texas, which applies a modified comparative fault standard.
Evidence of reasonable behavior: Show that the deceased acted reasonably under the circumstances.
Highlight the defendant’s greater fault: Demonstrate that the defendant’s negligence played a primary role in the fatal outcome.
Witness corroboration: Include testimony confirming that the deceased took reasonable precautions.
Comparative negligence claims often rely on subjective interpretations, so factual, objective evidence is critical in countering this defense.
Addressing Statute of Limitations Issues
Statute of limitations defenses can end a wrongful death claim before it even reaches court, making it crucial to respond carefully. To fight these defenses, it’s important to document when the plaintiffs first became aware of the circumstances leading to the death, establishing a clear timeline for filing.
Certain legal exceptions may also apply, such as delays caused by ongoing investigations or missing evidence, which can justify filing beyond the standard deadline. Additionally, timely filings for related claims can sometimes support the primary wrongful death claim.
By presenting detailed timelines and explaining the legal context, attorneys can effectively challenge attempts to dismiss claims based on time limits.
Responding to Lack of Causation Defenses
When defendants claim that their actions weren’t the cause of death, presenting clear and detailed evidence is essential. Medical reports, including autopsy findings and advisor analysis, can confirm that negligence directly contributed to the fatal outcome. Accident reconstruction can also play a crucial role, demonstrating exactly how the death occurred and linking it to the defendant’s actions.
It’s equally important to address claims of third-party involvement by showing why other parties’ actions didn’t significantly contribute to the incident. Presenting a well-documented chain of evidence allows the court to see the direct connection between the defendant’s negligence and the wrongful death.
Fighting Mitigation of Damages Claims
Defendants may argue that damages are exaggerated or could have been reduced, but these claims can be countered with careful documentation and analysis. Providing detailed records of all medical expenses, funeral costs, and lost income helps establish the legitimacy of the damages sought.
Expert economic testimony can further support the claim by offering realistic estimates of future financial losses. Separating and clearly explaining each type of damage makes it more difficult for the defense to challenge the total amount.
Maintaining a precise and organized record of damages strengthens the wrongful death claim and demonstrates that the compensation requested is fair and justified.
Disputing Liability Shifts
When defendants attempt to place blame on others, it’s crucial to clearly demonstrate accountability. This involves thoroughly investigating whether any other parties contributed to the death while documenting the defendant’s specific actions or omissions that directly caused the fatal outcome.
It’s also important to refute claims that shift responsibility by presenting evidence showing these assertions are unsupported. Taking this approach helps make sure that defendants can’t avoid liability by pointing fingers at others, keeping the focus on the party responsible for the wrongful death.
Strategic Use of Settlement Negotiations
Pursuing a wrongful death claim can be emotionally and financially taxing, so considering settlement options early can sometimes benefit families while the case is ongoing. Even when defenses are strong, settlements can serve as a practical tool to resolve claims without going to trial.
Evaluating settlement offers carefully: Compare them against potential court awards.
Leverage evidence to strengthen negotiations: Use documented evidence to encourage fair settlements.
Consider timing: Early negotiations can save time and legal costs, but waiting until evidence is fully developed can yield higher settlements.
Settlements don’t eliminate the need to fight defenses—they simply provide an additional avenue to secure fair compensation for grieving families.
Contact Us Today
Facing defenses in wrongful death claims can be challenging, but you don’t have to do it alone. At Rodman Law Office, we help families in Austin, Texas, and throughout the state, including Travis County, Williamson County, and Hays County, fight these defenses and pursue justice. Reach out to us today to discuss your case and take the first step toward holding those responsible accountable.