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FAQs About Wrongful Death Claims

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. To help you understand this process better, we’ve created an FAQ on wrongful death claims.

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:

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.

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.

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.

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.

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.

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.

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.

Read More: What is the Difference Between a Wrongful Death Claim and a Survival Action in Texas?

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.

Can a settlement be reached in a wrongful death claim?


Yes, many wrongful death claims are resolved through negotiated settlements before going to trial.

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.

Can a wrongful death claim be filed if the deceased had pre-existing medical conditions?


Yes, you can still pursue a wrongful death claim. This is true if the defendant’s actions made the death worse or helped cause it, even if there were pre-existing conditions.

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.

    Post under: Wrongful Death
    Houston personal injury lawyers
    Greg Baumgartner, Founder of Baumgartner Law Firm

    Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.


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