Houston Wrongful Death Lawyer

Contact a Wrongful Death Attorney in Houston, TX

Family members should speak with a Houston wrongful death lawyer about their case and the legal process as soon as possible. To talk directly with a Houston wrongful death attorney with over three decades of experience – call (281) 587-1111– there is never a charge for an initial case consultation. [/content]

What is a Wrongful Death?

Wrongful death lawsuits are civil matters that a family prosecutes for damages after a loved one’s death. A wrongful death lawsuit is separate from any pending criminal charges. A family may have input with the District Attorney on how a criminal case may proceed. But the criminal charges for the death of a family member are in the hands of the authorities and not the family.

Criminal and civil cases in Texas are separate. Criminal courts are for punishment, and personal injury or wrongful death lawsuits are civil cases are for compensation! Wrongful death in Texas is like a personal injury claim and seeks to compensate the family with damages for the loss of their loved one by a civil suit. If someone else’s negligence caused the death of your family member, a jury or a settlement determines damages from the responsible party.

The wrongful death case is independent of any criminal charges.

How Does a Wrongful Death Attorney Prove a Case?

To win a wrongful death suit, a Houston wrongful death attorney must prove four elements. The first step is to consult an experienced Houston, TX, wrongful death law firm. To win a wrongful death claim, the Houston wrongful death attorney must prove a negligent party caused the death of their client’s loved one. Here are the four parts of holding a defendant accountable for a fatality.

Four Parts of Liability in Texas

Texas law requires showing that the person or company:

Owed a Duty to the Deceased.

This could be a company that should have protected its employee. Another motorist should have followed a traffic law or any other circumstances.

Breach of That Duty.

Meaning the person or company was bound to act one way to avoid the accident or death but did not. This may be like someone running a red light and crashing into the victim. The negligent party must commit a wrongful act for wrongful death in Texas.

Caused the Death.

The death had to be caused by the failure of the defendants. An example could be a car accident that killed a person. But if the deceased died of unrelated causes later and not the accident, a personal injury case may be filed, but a wrongful death case would be doubtful. Consulting with wrongful death lawyers should happen as soon as possible.

Damages of the Family.

Individuals entitled to bring a wrongful death claim can have their damages assessed. Compensation is based on their losses for the loss of their loved one. A wrongful death claim is essentially valuing the individual losses of the person. Our Houston wrongful death firm has been protecting the financial future of Texas families for over three decades. We have never lost a wrongful death suit.

What Does a Houston Wrongful Death Attorney Do?

Investigate the Case

After being hired, the first thing an experienced attorney does is investigate the case. The sooner the lawyer can start the investigation, the better the chances of getting the needed evidence to win the case. Investigations will vary depending on the cause of the death. Locating witnesses is an important step. For a car or truck accident investigation, inspecting the vehicles, obtaining computer data, documenting the scene, and more are part of the inquiry. The investigation will be about the product, prior claims, and safer alternatives for product liability. For construction accidents, prompt investigation and review of the OSHA files.

Preserve Important Evidence

Preserving evidence is a vital step for any Houston wrongful death attorney. Our law firm is very selective in the cases we accept, so we have the time and resources to dedicate to winning your case. We will make sure we obtain the relevant evidence to prove your case.

Let Us Be Your Spokesman

On top of the investigation, your attorney should act as your spokesman, advocate, and champion in dealing with the defendants and their insurance companies. Because we have handled wrongful death lawsuits for over three decades, we are uniquely qualified to represent your family. Our personal injury law firm in Houston is recognized as among the best in Texas.

File Your Wrongful Death Lawsuit

If negotiations are unsuccessful, your Houston wrongful death attorney should take your case to a Houston, TX, jury to determine fault or damages. Experience matters in wrongful death lawsuits. The more expertise your Houston wrongful death attorney has, the better for you!

Who Can File a Wrongful Death Suit in Texas?

In Texas, the fight for the loss of a loved one must be by the surviving spouse, parents, and children of the deceased. The law establishes which persons may be entitled to compensation for loss or injury. Contacting a wrongful death lawyer in Houston immediately after the accident is always wise. Call us at (281) 587-1111 to discuss a Houston wrongful death claim.

Damages Recoverable in a Texas Wrongful Death Lawsuit

Texas law has two actions families may be able to pursue after a wrongful death:

Survival Claims in Texas

Survival actions can recover damages where the loved one survived the accident and later passed away from his injuries. Survival claims differ from wrongful death claims.  Survival claims relate to the personal injuries of the deceased before they died.  In Texas, a survival claim is the personal injury claim of the deceased before death.  

A survival case is viewed from the perspective of the deceased for damages. Survival cases address compensation for the estate as if the decedent had lived, such as pain and mental anguish, disability, disfigurement, medical expenses, and funeral and burial expenses.

Wrongful Death Damages

Wrongful death lawsuits are claims brought for their loss from the death of their loved one.  Some examples of wrongful death damages include:

• Pecuniary losses include loss of care, maintenance, support, services, advice, counsel, and any contribution you reasonably would have received from the decedent.
• Loss of companionship and society refers to the family losing love, comfort, and companionship because of death.
• Mental anguish refers to the emotional pain and suffering you have from the death of a loved one.
• Loss of inheritance – This is the present value of assets the decedent would have left to you as part of their estate.

Punitive or exemplary damages may be available sometimes, but only where the death was caused by a “willful act or omission or gross negligence of the defendant.”  (Tex. Civ. Code Title 4 Sec. 71.009). We have won countless huge settlements for families who have lost a loved one.  Check out our results page for some recent examples of wins by a Houston wrongful death attorney at Baumgartner Law Firm.

How Long Do You Have to Sue For Wrongful Death in Texas?

Texas has a time limit to bring a wrongful death claim. The general limitation period is in Texas Civil Practices and Remedies Code Section 16.003.  Which law provides a 2-year time limit to formally bring a lawsuit for wrongful death damages. It is very tempting to put off retaining a Houston wrongful death lawyer for your wrongful death claim, especially when dealing with the terrible grief that comes from losing someone. Delaying the hiring of an attorney makes proving the case more difficult.  

The longer the delay after the accident, the more difficult it becomes to gather needed evidence. Waiting makes it harder to locate witnesses.  Significant evidence such as “black box” or computer data after a car accident may be destroyed or lost.  And identifying responsible parties at the last minute can be risky. Also, many top-notch personal injury law firms do not accept cases close to the statute of limitations for professional reasons.  Waiting can hurt your case and hamper your attorney.

Do All Wrongful Death Cases go to Trial?

No- most Houston wrongful death suits settle before trial. Some settle before a lawsuit has been filed. Many factors go into consideration by both the family and insurance companies regarding a settlement. However, most cases with substantial insurance coverage will result in a lawsuit. Nevertheless, most wrongful death cases settle before a jury verdict!

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

Each family member who can bring a wrongful death case in Texas has their damages determined based on their relationship with the deceased. If the case settles, an agreement would have been reached on the individual claims. If the case goes to trial, a jury would decide damages for each plaintiff. 

Historically, the closer the relationship with the deceased, the more compensation. For wrongful death, spouses usually get the most money. Followed by minor children, adult children, and parents of adult children. For any wrongful death case in Texas, the personal relationship with the deceased is the controlling evidence for damages. 

Caring Attorneys Trusted by Families for More Than 35 Years

Baumgartner Law Firm has been repeatedly recognized as one of Texas’s best personal injury law firms. Over three decades of experience protecting the best interests of families with wrongful death in Texas. Our undefeated Houston wrongful death lawyer has the case expertise your case deserves. Best of all, we treat you like family! Our aggressive approach to holding the responsible party accountable has been tested and fine-tuned! For over 35 years, we have remained undefeated in wrongful death lawsuits.

At Baumgartner Law Firm in Houston, TX, We Also Handle the Following Practice Areas

• Car Accidents
• 18-Wheeler Truck Accidents
• Daycare Injury
• Motorcycle Accidents
• Drunk Driving Accidents