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What You Need to Know About Wrongful Death Cases in Texas

what you need to know about wrongful death cases in Texas

In Texas, wrongful death claims are a way for surviving family members to seek compensation for losing their loved one due to the negligent actions of another party. If you ever find yourself needing to know about wrongful death cases in Texas, it’s essential to understand the legal options available.

Houston wrongful death attorney Greg Baumgartner understands the complexities and challenges of navigating these cases. Knowing your rights and options under Texas law is essential if you’re dealing with the aftermath of a wrongful death.

This article discusses everything you must know about wrongful death in Texas and how to prove a wrongful death claim.

What is a Wrongful Death in Texas?

Wrongful death claims are civil lawsuits brought by surviving family members, such as spouses, children, or parents, to seek compensation for losing their loved one.

Under Texas law, wrongful death is defined as a death caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another person or entity. This includes deaths caused by car accidents, 18-wheeler accidents, workplace accidents, and other incidents.

Who Can Sue For Wrongful Death in Texas?

Only certain family members in Texas are eligible to file a wrongful death claim. This includes the surviving spouse, children, and parents of the deceased. If none of these individuals are available, then a personal representative or executor of the deceased’s estate can file a claim. It’s important to note that wrongful death claims must be filed within two years of the date of the accident. Otherwise, the lawsuit may be barred.

The estate can also file a survival claim if the deceased did not die instantly in the accident.

What Damages Can Be Recovered in a Wrongful Death Claim?

If successful in a wrongful death claim, the surviving family members can recover various damages. This includes compensation for the deceased’s medical bills, funeral expenses, lost income, and other expenses related to the death.

Additionally, family members can recover damages for their emotional pain and suffering, loss of companionship, and loss of financial support.

Funeral from a wrongful death in Texas

Who Gets the Money in a Wrongful Death Lawsuit in Texas?

As stated above, the people who can sue for wrongful death in Texas are parents, spouses, and children. Each has a unique claim, which is valued independently of the others. Texas juries consider the evidence presented and the relationship between the deceased and the claimant to assess the value of each person’s claim.

Elements of damages vary, and some damages often obtained in a wrongful death case include:

  • Funeral Expenses
  • Lost Income and support
  • Lost Benefits
  • Mental anguish
  • Loss of companionship and advice
  • Lost household services and
  • Other damages.

Determining damages in a wrongful death case can be challenging and is best assessed with the guidance of a skilled wrongful death attorney.

Proving Negligence in a Wrongful Death Case in Texas

To succeed in a wrongful death claim in Texas, the plaintiff must prove that the defendant was negligent and that this negligence caused the death of their loved one. It can be challenging, as it requires gathering evidence, analyzing medical records, and interviewing witnesses.

It’s essential to have an experienced attorney who can help you build a strong case and navigate the legal system.

Most wrongful death cases in Houston, TX, stem from fatal car crashes.

Why Choose Baumgartner Law Firm for Your Wrongful Death Case?

We have over 35 years of experience handling wrongful death cases at Baumgartner Law Firm in Houston. We understand the emotional and financial toll that a wrongful death can take on a family, and we’re committed to helping our clients get the justice they deserve.

Who you hire to be your wrongful death attorney matters.

Our founder, Greg Baumgartner, has an undefeated record in wrongful death cases and possesses the skills and knowledge to handle even the most complex cases. We will work tirelessly to help you recover the full compensation to which you are entitled.

Contact Baumgartner Law Firm for Help with Your Wrongful Death Lawsuit!

If you’ve experienced the loss of a loved one due to the negligent actions of another party, it’s vital to know your legal rights and options.

Wrongful death claims can be complex and challenging. Still, with the help of an experienced attorney, you can get the justice you deserve. At our law firm, we’re dedicated to helping our clients navigate the legal system and recover the compensation they’re entitled to.

Contact Baumgartner Law Firm in Houston today to schedule a consultation and learn more about how we can help you with your wrongful death case.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

Call us at (281) 587-1111

Visit our Personal Injury Law Firm in Houston

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Greg Baumgartner, Founder of Baumgartner Law Firm

Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.

Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.

His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.

With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.

Baumgartner Law Firm6711 Cypress Creek Pkwy, Houston, TX, 77069

Call Us at: (281) 587-1111

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Mayra T
Houston Personal Injury Victim
Mr. Greg is a great personal injury lawyer. Looking for the best help? Call Baumgartner Law Firm!
Brian Wilson
Houston Personal Injury Victim
I highly recommend this law office. Greg Baumgartner is knowledgeable, dependable, honest and truly has the client’s best interests at heart.
Callie M
Houston Personal Injury Victim
Greg, a personal Injury Lawyer at Baumgartner Law Firm represented me in my personal injury case. I am very happy with the case result. Baumgartner is a GREAT law firm with GREAT people. They get RESULTS.
Cindy S
Houston Personal Injury Victim
My experience with Baumgartner law firm was excellent. They took the time to hear my concerns and kept me informed throughout the process. They fought for the best resolution for my case. Working with Greg and Lissa gave me peace of mind in a scary and stressful situation. I highly recommend their services.
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