How Much Is My Personal Injury Case Worth?

Personal injuries can occur because of many different events. These injuries have long-term, life-altering effects and, in some cases, may be life-threatening. Often, victims of such accidents will require lifelong medical care, which leads to high medical bills and can affect the victim’s quality of life. Before filing a personal injury lawsuit, you may want to know how much your case is worth. This will help you plan and ensure all bills are settled. However, each case is unique; your lawyer will consider several aspects when calculating the claim’s value.

How Much Is MY Personal Injury Case Worth?

There are different types of personal injuries. Considering their permanent nature, these injuries can be costly to treat. In addition, you may also suffer other types of losses. In the end, no two personal injury cases are alike. Therefore, the amount of compensation you get will depend on the circumstances of your case.

Who Is Liable for Personal Injuries?

When you suffer catastrophic injuries, not only do you want to seek compensation for those injuries, but you also want to make sure that you hold all liable parties accountable for their actions. To determine who bears liability for your injuries, your lawyers will need to discover who owned you a duty of care and how that duty of care was violated in a way that led to your injuries.

Wrongful Death Claim and a Survival Actions in Texas?

August 21, 2023 by Greg Baumgartner

Losing a loved one is an indescribable pain, especially when their death results from someone else’s careless actions. The agony of this loss cannot be erased, nor can it bring your loved one back. However, you could take legal steps to hold those responsible for their actions.

When tragedy strikes, and a spouse, parent, or child loses their life due to another’s negligence, you might have the option to pursue a survival action, a wrongful death claim, or even both. You will learn about these legal avenues in this article and explore their differences.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action against the responsible party who played a role in causing your loved one’s death due to negligence. In Texas, a surviving spouse, child, or parent of the deceased individual can initiate this claim. To succeed in a wrongful death claim, you need to demonstrate in court that the defendant had a duty to prevent harm, failed to fulfill that duty, and this failure directly led to your loved one’s demise. You will need the help of a Houston, Texas wrongful death lawyer to prove these elements of negligence beyond a reasonable doubt. If these aspects are proven, you might be entitled to receive compensation. In this context, damages are directed towards the plaintiff and may encompass several aspects, such as:

Compensation for the income your deceased loved one contributed to your household.
Coverage of the medical expenses incurred by your loved one during their treatment.
Acknowledgment of the emotional distress you’ve experienced due to their loss.

What is a Survival Action?

Contrasting a wrongful death claim, a survival action takes a different legal trajectory. This type of claim centers around when your deceased family member survived the incident leading to their eventual passing. Survival actions are commonly applicable when the victim endures injuries, survives for a certain duration, and succumbs to those injuries.

The right to initiate a survival action isn’t limited to immediate family members; the deceased individual’s estate or heirs can also initiate it. The scope of compensation within a survival action encompasses:

Reimbursement for medical expenses accrued during the victim’s treatment.
Compensation for the pain and suffering the victim experienced during their final moments.
Recovery of wages that were lost between the accident and their eventual death.
Addressing any property damage incurred during the incident.
Covering funeral expenses incurred as a result of their passing.

When are Both Available?

Pursuing a wrongful death claim and a survival action might be viable in specific scenarios. Determining whether this option suits your case requires expertise, and seeking guidance from legal professionals experienced in wrongful death and survival action cases is essential.

The value of family holds a central place. Losing a family member is painful and could shatter the surviving members. Their ultimate goal is to offer a path toward closure while working diligently to prevent similar tragedies from occurring in the future. If your loved one died in an accident in Houston, Texas, or due to someone else’s fault, find an experienced wrongful death lawyer ready to guide you through the legal process.

Contact Baumgartner Law Firm for help with wrongful death litigation!

Contact our Houston personal injury lawyer for help with your loss.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587 -1111

How To Prove Wrongful Death in Texas?

What You Need to Know About Wrongful Death Cases in Texas

How Much are Wrongful Death Settlements In Houston?

How Long Do Houston Wrongful Death Lawsuits Take?

Fatal Car Accident Statistics in Texas

What Happens When Someone Dies in a Car Wreck in Texas?

7 Factors to Consider When Hiring Houston’s Top Wrongful Death Lawyer

Post under: Wrongful Death

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.

6711 Cypress Creek Pkwy, Houston, TX, 77069 Call: (281) 587-1111