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FAQs About Wrongful Death Claims

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FAQs About Wrongful Death Claims

Dealing with a wrongful death claim? If so, you may want to hire a wrongful death attorney in Houston for expert guidance.

When you hire a wrongful death attorney in Houston, you improve the chance of receiving the justice you deserve after the tragic loss of your loved one. Their assistance can make a significant difference in navigating the complexities of such cases and achieving a favorable outcome.

Common Questions About Wrongful Death Claims

Here are 12 FAQs about wrongful death claims answered:

  1. What is a wrongful death claim?
    A wrongful death claim is a legal action brought by the survivors of a deceased person against the party responsible for their death, seeking compensation for damages.
  2. Who can file a wrongful death claim?
    Typically, immediate family members such as spouses, children, or parents of the deceased can file a wrongful death claim.
  3. What damages can be recovered in a wrongful death claim?
    Damages may include medical expenses, funeral costs, lost wages, loss of companionship, and pain and suffering.
  4. How is negligence proven in a wrongful death claim?
    Negligence must be established by showing that the defendant owed a duty of care to the deceased, breached that duty, and caused the death through their actions or negligence.
  5. Is there a time limit for filing a wrongful death claim?
    Yes, each state has a statute of limitations, typically ranging from one to three years, within which a wrongful death claim must be filed.
  6. Can a wrongful death claim be filed for any type of death?
    Wrongful death claims can be filed for deaths caused by various incidents, including car accidents, medical malpractice, workplace accidents, and criminal acts.
  7. Do I need an attorney for a wrongful death claim?
    It’s highly recommended to hire an experienced wrongful death attorney who can navigate the legal complexities and advocate for your rights.
  8. How long does a wrongful death claim take to resolve?
    The duration of a wrongful death claim varies depending on factors such as the complexity of the case, the cooperation of involved parties, and court scheduling.
  9. Can a settlement be reached in a wrongful death claim?
    Yes, many wrongful death claims are resolved through negotiated settlements before going to trial.
  10. What happens if multiple parties are responsible for the death?
    Multiple parties can be held liable in a wrongful death claim, and their degree of responsibility will be determined based on the evidence presented.
  11. Can a wrongful death claim be filed if the deceased had pre-existing medical conditions?
    Yes, a wrongful death claim can still be pursued if the defendant’s actions exacerbated or contributed to the death, regardless of pre-existing conditions.
  12. What if the deceased was partially at fault for their death?
    Comparative negligence laws may apply, reducing the compensation awarded based on the degree of fault attributed to the deceased.

Contact Baumgartner Law Firm for Help With a Wrongful Death Accident

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

These FAQs can help you understand wrongful death claims. However, it’s important to seek legal guidance when filing a claim.