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.

The Difference Between a Wrongful Death and a Survival Claim in Texas

August 21, 2023 by Greg Baumgartner

The Difference Between a Wrongful Death and a Survival Action in Texas

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 can take legal steps to hold those responsible for their actions accountable. Understanding the distinction between a wrongful death claim and a survival action in Texas is crucial for determining the appropriate legal approach.

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. This article will introduce you to these legal avenues 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.
Acknowledge the emotional distress you’ve experienced due to their loss.

What is a Survival Action?

In contrast to a wrongful death claim, a survival claim follows 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.
Address any property damage incurred during the incident.
Covering funeral expenses incurred as a result of their passing.

The Difference Between a Wrongful Death Claim and a Survival Action in Texas

Compensation for wrongful death cases focuses on the surviving family members’ losses. With a survival action, the damages are those of the deceased before death, and the compensation goes to the estate.

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 the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm

6711 Cypress Creek Pkwy
Houston, TX, 77069

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