Do You Need a Houston Wrongful Death Attorney?
Did you love a family member in a fatal accident in Houston, Texas?
You may be entitled to compensation through a wrongful death claim. While money will never bring back your loved one, it can help to reduce the financial pressures as you grieve.
Contact the compassionate Houston wrongful death lawyer at Baumgartner Law Firm to learn how we can help you achieve justice for your loss. We are here for you whether you’ve lost someone because of a car accident, 18-wheeler crash, or other personal injury accident.
We offer a free consultation, and you’re not obligated to seek our advice. We’re available 24 hours a day, 7 days a week, 365 days a year. Call us for help today. (281) 587-1111.
What is a Wrongful Death?
Wrongful death occurs when someone passes away due to another party’s negligence. A fatal accident can lead to a legal claim seeking wrongful death compensation brought forth by the surviving family members or beneficiaries of the deceased individual.
In simpler terms, negligence means that the negligent party failed to fulfill their duty, which directly led to the death of the person.
In simpler terms, negligence means that the negligent party failed to fulfill their duty, which directly led to the death of the person.
Accidental death cases are handled separately from any criminal charges that might be pending. While the family may have some input in criminal proceedings, the authorities ultimately decide criminal charges.
The purpose of a wrongful death claim is to seek damages through a civil suit. This compensation for the family member’s loss is meant to ease the financial burden and provide compensation for the emotional suffering experienced by the family due to the loss of their loved one.
It’s crucial to seek the assistance of an experienced Houston wrongful death attorney if you’ve lost a family member due to someone else’s actions. Our expert accidental death attorney can help you pursue the compensation you deserve.
Who Can File a Wrongful Death Claim in Texas?
Texas wrongful death beneficiaries are the immediate family members. Immediate family members who can file a wrongful death case for a loved one’s death include spouses, children, and parents.
Why Hire Baumgartner Law Firm for Your Houston Wrongful Death Case?
At Baumgartner Law Firm, we empathize with the profound impact of losing a loved one due to someone else’s wrongful actions. Our Houston accidental death lawyer is here to offer you the skilled representation you need during this challenging time.
When you engage our services, our attorney becomes your dedicated advocate, managing all interactions with insurance adjusters, defendants, and their legal representatives. Working on a contingency basis means you won’t owe us anything unless we win your case, allowing you to focus on healing without financial stress. We will work to get you the best wrongful death settlement possible.
Our experienced legal team thoroughly investigates to gather evidence, identify liable parties, and preserve vital information.
Beyond seeking justice, we understand that monetary compensation can’t replace your loved one. However, it can help address your family’s future needs. Our Houston wrongful death attorney will tirelessly pursue the compensation you deserve while providing compassionate support and guiding you through the legal process.
With over 35 years of experience, families across Texas have trusted our law firm to handle wrongful death lawsuits successfully. Our track record speaks for itself, and we’re committed to securing the maximum benefits for you and your family. If you are looking for accidental and wrongful death lawyers near me- call Baumgartner Law Firm.
Here’s a summary of our expertise in wrongful death cases:
– Peer-reviewed preeminent wrongful death attorney in Houston
– Holder of double law degrees
– Over 35 years of experience in fatal accident cases
– Graduate of Trial Lawyers College
– Representation on a contingency fee basis
– Undefeated in wrongful death cases
– Countless multi-million dollar wrongful death cases
What are the Most Common Causes of Wrongful Death in Texas?
Contact Baumgartner Law Firm and let our experienced Houston wrongful death attorney investigate your case. At Baumgartner Law Firm, we handle all kinds of wrongful death cases, including the following:
1. Dangerous Products: Fatalities can occur due to defective products lacking proper safety warnings, such as faulty appliances, poorly designed vehicles, or certain pharmaceutical drugs.
2. Car Accidents: These are the leading cause of fatal accidents, usually due to another driver’s negligence, like reckless driving, running red lights, tailgating, rear-ending, or driving under the influence.
3. 18-Wheeler Accidents: Collisions involving large trucks can be fatal due to their size.
4. Construction Accidents: Houston’s growth has led to more fatal accidents at construction sites, often preventable by following OHSA rules, with falls being a major cause of death.
5. Motorcycle Accidents: Motorcycle accidents are common in Houston’s congested traffic, often because other drivers fail to see motorcyclists.
6. Drunk Driving Accidents: Harris County leads Texas in alcohol-related car crashes and fatalities, highlighting the impact of drunk driving on fatal accidents.
7. Overserving at Bars: Bars that overserve patrons contribute to drunk driving accidents, leading to legal cases against them.
For help with wrongful death cases in Houston, individuals can seek assistance from our experienced wrongful death lawyer near me, who is familiar with your type of fatal accident.
How to Prove Negligence in a Wrongful Death Lawsuit in Texas?
In Texas, proving wrongful death requires three key elements:
1. Duty owed to the deceased, such as ensuring safety or following traffic laws.
2. Breach of that duty, where someone fails to act as they should have to prevent harm.
3. The negligent actions of the responsible party must directly cause the death.
To pursue a wrongful death claim in Texas, it’s crucial to consult experienced lawyers promptly, like those at Baumgartner Law Firm in Houston. Compensation aims to address the family’s losses and emotional suffering due to the loss of their loved one.
Since 1985, Baumgartner Law Firm has had a successful track record in securing full compensation for Texas families in wrongful death cases.
What Will Our Houston Wrongful Death Attorneys Do For Your Family?
To ensure a strong case for your wrongful death claim, our process includes:
Investigation
Our attorney promptly investigates the accident, locating witnesses and gathering crucial evidence such as vehicle inspections for motor accidents or product history for product liability cases.
Preservation of Evidence
We ensure all relevant evidence is preserved to support your case and secure the compensation you deserve.
Representation
Acting as your advocate, we negotiate with defendants and insurance companies on your behalf, drawing on over thirty years of experience in wrongful death lawsuits.
Filing your Lawsuit
If negotiations fail, we file a wrongful death lawsuit and present your case to a jury in Houston, TX, relying on our extensive experience to maximize your chances of success.
Experience is key in wrongful death lawsuits, and our firm offers unmatched expertise to guide you through the process effectively.
How the Texas Wrongful Death Statute Impacts Cases
The Texas Wrongful Death Act, which provides your civil remedies, is codified in Chapter 71 of the Texas Civil Practice and Remedies Code.
Section 71.002 of the Texas Civil Practice and Remedies Code defines who can bring a wrongful death claim in Texas. The deceased person’s surviving spouse, children, and parents may bring a Texas wrongful death claim. An executor or administrator of the deceased person’s estate may also bring the Texas wrongful death claim on behalf of the estate.
Section 71.004 provides for the recovery of damages, including loss of companionship, society, love, affection, loss of inheritance, mental anguish, and loss of consortium.
The deceased person’s estate may also recover personal injury damages before the victim’s death in a survival action.
How are Survival Claims Different than Wrongful Death in Texas?
Survival actions can recover damages where the loved one survived the accident and later passed away from his injuries. A survival claim differs from wrongful death claims. Survival claims relate to the personal injuries of the deceased before they died. In Texas, a survival claim is the personal injury claim of the deceased before death.
A survival case is viewed from the perspective of the deceased for damages.
What Are Wrongful Death Damages in Texas?
Wrongful death law allows compensation for a family member’s loss from the death of a loved one. Some examples of wrongful death claims for damages in Texas include:
- Pecuniary losses, including loss of care, maintenance, support, services, advice, counsel, and any contribution you reasonably would have received from the decedent.
- Loss of companionship and society or consortium. Refers to the family losing love, comfort, and companionship because of death.
- Mental anguish. Refers to the emotional pain and suffering you have from the death of a loved one.
- Loss of inheritance. This is the present value of assets the decedent would have left to you as part of their estate.
Punitive or exemplary damages may be available in exceptional cases. But only where the death was caused by a “willful act or omission or gross negligence of the defendant.” (Tex. Civ. Code Title 4 Sec. 71.009).
Our wrongful death lawyers in Houston, TX, have won countless huge settlements for families who have lost a loved one. See our results page for some recent wrongful death case results.
What is the Time Limit for Seeking Justice – Texas Wrongful Death Statute of Limitations?
Texas provides a 2-year time limit for bringing wrongful death claims in a lawsuit for damages.
The general statute of limitations is codified in Texas Civil Practices and Remedies Code Section 16.003.
How Can a Wrongful Death Attorney at Baumgartner Law Firm Win My Case?
Since 1985, the legal team at Baumgartner Law Firm has helped many Texas families file wrongful death suits after the loss of a loved one in an accident. Since then, we remain undefeated in wrongful death lawsuits. Our preeminent-rated personal injury attorney is ready to handle your wrongful death action with the care and expertise you deserve. Contact us today for a free consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Baumgartner Law Firm Wrongful Death Frequently Asked Questions
How can I prove negligence caused the wrongful death of my loved one?
In Texas, proving wrongful death means proving negligence led to the death of your family member. Negligence means that the person who caused the accident owed a duty to act reasonably and then acted in a way that is different from a reasonable person. Negligence can include running a red light, driving drunk, violating a statute or law, or failing to maintain a safe workplace. Our Houston wrongful death lawyers have been helping families with their Texas wrongful death claims since 1985.
Can I file a wrongful death claim if a drunk driver killed my family member?
Yes, at Baumgartner Law Firm, we have had many fatal accidents caused by drunk drivers. While the drunk driver will probably end up in jail, having the drunk driver behind bars does little to help the family's financial situation after a fatal accident. A civil wrongful death case is the mechanism that provides compensation for the family after the death of a loved one. Our firm has handled numerous Texas wrongful death cases for families who lost a loved one in a drunk driving accident.
What is the difference between criminal charges like murder and wrongful death?
A wrongful death lawsuit is a civil negligence or gross negligence case brought by the family of wrongful death victims. In contrast, criminal charges such as murder are criminal cases handled by the District Attorney. These two cases are separate; a person can be liable for a wrongful death and still be found innocent of criminal charges such as murder. Hiring experienced Houston wrongful death attorneys should be done as soon as possible.
What happens if multiple family members are suing for wrongful death?
Parents, children, and spouses in Texas can sue for wrongful death. Often, multiple family members are plaintiffs in a wrongful death lawsuit. Each plaintiff can have their own attorney.
Settlement proceeds are divided by agreement or set by judge or jury award. Generally, the closeness of the relationship to the deceased is a substantial factor in the amount of compensation for any individual plaintiff. Our Houston wrongful death lawyers offer a free consultation to discuss your rights and options.
Can siblings file a wrongful death case?
By statute, siblings are not a class of beneficiaries who can file a Texas wrongful death lawsuit. Only parents, spouses, and children can file a wrongful death claims in Texas.
Can we get punitive damages in our wrongful death lawsuit?
Punitive damages are appropriate when the acts of the negligent party or especially outrageous or dangerous. A good example of gross negligence would be when a person gets drunk, gets behind the wheel, and causes a fatal accident. If the conduct is particularly dangerous, punishable damages are available to some plaintiffs in a wrongful death lawsuit. However, punitive damages are not allowed in wrongful death cases unless the defendant acted willfully, with malice, or was grossly negligent. Call Baumgartner Law Firm and discuss your case with top-rated Houston wrongful death attorneys.
What is a survival action, and how is it different from a wrongful death?
Survival claims are personal injury damages of the deceased before they perish. If someone lived for a time after the accident, their estate would be entitled to seek survival damages for pain and suffering, medical expenses, mental anguish, disability, disfigurement, and other personal injury damages.
Wrongful death damages are for the loss of the relationship with the deceased. Damages would include loss of consortium, financial assistance, advice and counsel, and other damages unique to the relationship between the parties.
How long does a wrongful death case take?
A wrongful death suit can take anywhere from six months to several years. If the insurance coverage is limited, a case may be resolved quickly. If there are issues regarding liability, who is responsible, or if there is substantial insurance coverage, the case can take one to two years. Disputed liability or multiple defendants can prolong a case. If you have questions our Houston wrongful death attorneys offer free case evaluations.
Can an executor file a wrongful death case?
In Texas, an executor of the deceased person's estate can bring a lawsuit on behalf of the surviving family members. However, each eligible family member can also bring a wrongful death lawsuit themselves.
How is compensation for a wrongful death determined?
Compensation for a wrongful death case is based upon the deceased's relationship with each family member who is a party to the lawsuit. The closer the relationship, the larger the potential there is for damages. Generally, and priority of amounts, larger claims usually go to these family members in this order—spouses, minor children, parents of minor children, adult children, and finally, parents of adult children.
Who will communicate with insurance companies, other wrongful death attorneys, and the responsible party?
Baumgartner Law Firm will handle all communications with insurance adjusters, defendants, and their lawyers. From the moment you hire us, we become your spokesperson and advocate. With over 35 years of experience, we are uniquely qualified to handle your wrongful death claim.
What are the fees associated with hiring a Houston wrongful death attorney?
At Baumgartner Law Firm, we understand your financial concerns when seeking legal representation for a wrongful death claim. That's why our dedicated wrongful death attorney works solely on a contingency fee basis. This means you won't have to worry about paying fees unless we win your case. Then, the fees come out of the money collected in your case; we believe in fighting for justice without placing any upfront financial burden on our clients. Our contingency fees start at 1/3 of any gross recovery and no fee is due unless you get money.
With our contingency fee arrangement, you can have peace of mind knowing that we are fully invested in your case. Our firm will cover all the costs of investigating and prosecuting your claim, so you don't have to worry about case expenses. Our goal is to provide you with the highest quality legal representation without adding any financial stress during this challenging time.
Rest assured that our attorneys only get paid by winning your case. If we successfully obtain a settlement or a favorable resolution in court, we will take a percentage of the recovery as our fees. Additionally, our out-of-pocket expenses incurred throughout the legal process will be reimbursed from the awarded amount. This ensures that our interests are aligned with yours, as we are motivated to secure the best possible outcome for you.
In short, you will pay us nothing if you do not get money!
How can I start the process of claiming compensation for the wrongful death of a loved one?
To initiate the process, contact our preeminent rated Houston personal injury lawyer today at (281) 587-1111 for a free consultation. Our law firm has been trusted by families after the loss of a loved one for over three decades. We will guide you through the necessary steps and assist in filing your claim.
What types of damages are part of a wrongful death lawsuit?
Wrongful death suits may cover various types of damages, including funeral and burial expenses, lost benefits, lost earnings and support, medical expenses left behind by the deceased, and mental and emotional anguish. These damages aim to compensate surviving family members for their financial and emotional losses. If the deceased initially survived the accident, personal injury damages suffered before death can be sought in a survival claim in a wrongful death case.
How are the damages distributed if there are multiple beneficiaries?
In cases with multiple beneficiaries, the damages are typically distributed based on the relationship to the family member. Generally, in the order of priority: spouses, minor children, adult children, and parents of an adult child. If your case goes to trial, damage questions are submitted relating to each legal beneficiary who is part of the case. In other words, the jury will decide the amount of damages individually for each person bringing a claim. In the case of a case settlement, family members may agree on a division of the money.
How is the settlement amount determined in a wrongful death suit?
The settlement amount in a wrongful death suit is determined through a complex calculation by experienced wrongful death attorneys. This evaluation considers various factors, such as liability, insurance coverage, the deceased individual's earning capacity and financial contributions, life expectancy, and other individual-specific factors that may vary in each case. The more experienced the attorney you have to represent your family, the better. Contact Baumgartner Law Firm for a case evaluation with out cost.
What are the specific components that are taken into consideration by Texas courts when determining damages in wrongful death lawsuits?
Texas Courts consider several components when determining damages in wrongful death cases. These include funeral and burial expenses, loss of companionship, love, affection, care maintenance support, services, advice, counsel, loss of inheritance, financial support, and emotional anguish. In a wrongful death lawsuit, it is the loss sustained by each immediate family member that is measured for damages. Generally, the closer the relationship, the higher the damages.
How does a Houston wrongful death attorney inform the family of their rights and options?
Our experienced Houston wrongful death attorney will inform you and your family about your rights and options by providing clear and comprehensive explanations. We will educate you on the legal aspects of your case, including potential legal remedies, available compensation, and the process of pursuing a wrongful death claim. We will ensure that you thoroughly understand your rights and can make informed decisions regarding your case.
What role does your experienced and aggressive Houston wrongful death attorney play in getting vital evidence?
Our law firm has been trusted to win wrongful death lawsuits for families in Houston and across Texas for over 35 years. After being hired by you, our first step is to launch an investigation to get evidence to win your case and identify any persons or companies responsible for your tragic loss. Sometimes, the investigation can be extensive and require our hiring investigators and experts. Other cases may not require full-blown investigations. In our initial consultation, we will outline our steps for you.
How does contacting a Houston wrongful death attorney initiate the investigation process?
When you hire our experienced Houston wrongful death attorney at Baumgartner Law Firm, we will start the investigation by gathering the necessary evidence to support your case. This investigation is crucial to building a strong case and obtaining the maximum benefits you and your family are entitled to due to your loss. Texas ethical standards require signing a retainer agreement before an attorney can represent you on a contingency fee basis.
Who can file a survival claim?
Various individuals can pursue a survival claim on behalf of the deceased person. Those who may have the right to file a survival claim include heirs and legal representatives of the deceased person's estate. It is crucial to understand that determining who qualifies as an heir is based on Texas law, not necessarily on what is stated in the deceased person's will. Call Baumgartner Law Firm for a free constitution on your rights and options after losing a family member.
Do I need an attorney to file a wrongful death lawsuit?
While it is technically possible to file a lawsuit without an attorney, it isn't easy to do, and the odds are stacked against you. We recommend getting an expert fatal accident attorney as soon as possible. The earlier you retain a skilled personal injury attorney, the better. Some cases require extensive investigation and actions to preserve vital evidence.
How much does it cost to hire a wrongful death attorney?
Our Houston wrongful death lawyers accept fatal accident cases on a contingency fee basis. This means you pay nothing upfront to get us started on your case. We advance the lawsuit costs needed to build your case, and we are only paid if you get money. Our fees start at 1/3 of the gross money recovered in the case.
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