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.
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.
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 listen to the evidence presented and the relationship with the deceased to value 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 advise
- Lost household services and
- Other damages.
Determining damages in a wrongful death case is often challenging and best assessed with a great 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.
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 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.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Call us at (281) 587-1111