In Texas, wrongful death claims are a way for surviving family members to seek compensation for the loss of their loved one due to the negligent actions of another party.
As experts in wrongful death cases, we understand 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. In this article, we’ll discuss everything you need to know about wrongful death in Texas and how to pursue a claim.
What is 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 the loss of 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, medical malpractice, workplace accidents, and other incidents.
Who Can File a Wrongful Death Claim 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.
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 Our Law Firm for Your Wrongful Death Case?
At our law firm, we have over 35 years of experience handling wrongful death cases in Texas. 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.
Our founder Greg Baumgartner is undefeated in wrongful death cases and has the skills and knowledge to handle even the most complex cases. We will work tirelessly to help you recover the full compensation you are entitled to.
Contact Baumgartner Law Firm for Help!
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.