In Texas, wrongful death claims allow family members to get compensation for losing a loved one because of someone else’s careless actions.
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. If you have lost a loved one near Houston, this guide is for you.
What is a Wrongful Death in Texas?
Wrongful death claims are lawsuits brought by family members seeking compensation for the loss of a 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.
Family members can receive compensation for their emotional pain, loss of companionship, and loss of financial support.
Who Gets the Money in a Wrongful Death Lawsuit in Texas?
As stated above, parents, spouses, and children can sue for wrongful death in Texas. Each has a unique claim that 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
In Texas, to win a wrongful death case, the person suing must prove that the other party was negligent. This negligence must have directly caused the death of their family member. 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?
Baumgartner Law Firm in Houston has over 35 years of experience handling wrongful death cases. We know how hard it is when someone dies because of someone else’s mistake. We promise to help families get the justice they need and deserve.
Who you hire to be your wrongful death attorney matters.
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 someone caused the death of your loved one, it’s important to understand your legal rights and choices.
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