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Do You Need a Houston Wrongful Death Attorney?
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Have you lost a family member in an accident in Houston, Texas? Finding a Houston wrongful death lawyer may be on your mind as you seek justice and compensation.
A Houston wrongful death attorney can help you during this difficult time. While no amount of money can replace your loved one, it can ease the financial stress you’re facing.
At Baumgartner Law Firm, we understand your pain. Our experienced wrongful death attorney has been helping families in Texas for almost four decades. We know how to win wrongful death cases to get you the compensation you deserve.
If someone caused your loved one’s death because they were not careful, such as in a car accident, we can support you during this tough time. We will guide you through every step of the legal journey.
You don’t have to go through this alone. Contact us for a free consultation to discuss your options. Our compassionate team is available 24/7 to assist you.
For justice and compensation, call our Houston wrongful death attorneys. We will fight for you and honor your loved one’s memory.
Why Choose a Houston Wrongful Death Lawyer at Baumgartner Law Firm
For over 38 years, families have trusted our firm for wrongful death lawsuits. Our success in securing compensation speaks for itself. We are committed to getting the best results for you and your family.
If you need a wrongful death lawyer, we can help. Why are we a good choice for your attorney?
• Undefeated in wrongful death cases
• Caring and committed to personal service
• Numerous multi-million dollar wrongful death results
• Over 38 years of experience in fatal accident cases
• No fees unless we win
Choose us for our experienced and dedicated legal team.
Read our 5 star google reviews!
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Call us now for a FREE CONSULTATION!
What is a Wrongful Death?
Wrongful death is when someone dies because of another person’s carelessness. A wrongful death is a legal claim for wrongful death compensation. The surviving family members can make a claim.
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The family must prove negligence. Negligence is showing what the other party did wrong that caused the death.
Wrongful death cases are civil cases for damages. Civil cases are separate from criminal charges. The authorities decide on criminal charges, and families can bring a lawsuit.
The goal of a wrongful death claim is to collect money through a lawsuit. An experienced attorney is necessary to win a case. We can help you get the compensation you deserve.
Call us for a free case assessment.
Who Can File a Wrongful Death Claim in Texas?
Family members bring wrongful death claims. The family members who can file a claim are a spouse, children, and parents.
What are the Most Common Causes of Wrongful Death in Texas?
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At Baumgartner Law Firm, we handle all types of wrongful death cases. Including the following:
1. Dangerous products.
2. Car accidents.
3. Truck accidents.
4. Construction accidents.
5. Motorcycle crashes.
6. Drunk driving accidents.
7. Over serving at bars.
8. Accidents at work.
Depending on the type of case, a review should start as early as possible.
How to Prove Negligence in a Wrongful Death Lawsuit in Texas?
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In Texas, proving wrongful death requires three key elements:
1. Duty owed to the deceased, like following traffic laws.
2. Breach of that duty, where someone fails to act as they should have to prevent harm.
3. Cause: the negligent actions must cause the death.
To prove a case, get an experienced attorney.
We are undefeated in fatal accident cases. And have fought for full compensation for Texas families since 1985.
If you have lost a loved one, call our Houston wrongful death lawyer. We offer a free consultation to discuss your rights and options.
Our Wrongful Death Lawyers in Houston Can Help You
Our process for your case is as follows:
Getting to Know You and Your Family
Learning about your family is important to us. We care and will support you every step of the way.
Build Your Case
We will investigate the accident, work to find witnesses, and obtain evidence from the authorities.
Preservation of Evidence
Take steps to keep relevant evidence. Preservation of evidence can be important in some cases.
Negotiation
We negotiate with defendants and insurance companies, drawing on our decades of experience. Our goal is to maximize your compensation, and we get awesome results.
Filing your Lawsuit
If negotiations fail, we will file your wrongful death lawsuit. And present your case to a jury in Houston, TX. We are relying on our extensive experience to maximize your compensation.
Experience is key in wrongful death lawsuits. Our firm offers unmatched expertise.
If you have lost a family member, call our Houston wrongful death attorney. Call us now for a FREE CONSULTATION!
About the Texas Wrongful Death Statute
The Texas Wrongful Death Act is in Chapter 71 of the Texas Civil Practice and Remedies Code.
Section 71.002 of the TCPRC explains who can bring a wrongful death claim in Texas. The surviving spouse, children, and parents can bring a Texas wrongful death claim.
Estates can make a claim. An executor or administrator of an estate may be appointed. They can bring the claim for the estate.
Section 71.004 allows for the recovery of damages.
Which include the loss of:
- companionship,
- society, love, affection,
- inheritance,
- mental anguish,
- and loss of consortium.
If the victim survived, an estate can file a survival case to seek injury damages before the death.
Call our Houston wrongful death attorneys to explore your rights and options today.
What are Survival Claims, and How are They Different from Wrongful Death?
Survival actions seek damages where the loved one survived the accident—and later passed from the injuries. A survival claim differs from wrongful death claims. The victim had to survive for a time after the accident. Survival claims relate to the personal injuries of the deceased. A survival claim is an injury damage claim of the deceased.
Survival claims are by the deceased’s heirs for the decedent’s injuries before death. The survival damages belong to the estate.
Wrongful Death Damages in Texas
Family members can seek compensation for the loss of a loved one. Some examples of wrongful death damages in Texas include:
Pecuniary losses. Which include:
- Loss of care,
- maintenance,
- support,
- services,
- advice,
- counsel, and
- any contribution you would have received from the decedent.
Loss of companionship and society or consortium
- Is losing love,
- comfort,
- companionship.
Mental anguish.
- It is the emotional pain and suffering you have from the death of a loved one.
Loss of inheritance.
- Is the value the decedent would have left to you as part of their estate
Lost financial support.
Funeral and burial expenses.
Punitive damages may be available in some cases. But only in extreme cases. (Tex. Civ. Code Title 4 Sec. 71.009).
If you have a wrongful death case, call our Houston wrongful death attorneys for a FREE CASE REVIEW.
Texas Wrongful Death Statute of Limitations
Texas provides a 2-year time limit for bringing wrongful death claims.
The general statute of limitations is in TCPRC Section 16.003.
Contact Our Houston Wrongful Death Attorney at Baumgartner Law Firm
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Our Houston Wrongful Death Lawyers Charge No Fee Unless We Win Your Case
Since 1985, Baumgartner Law Firm has helped many Texas families. We file wrongful death suits after the loss of a loved one in an accident. Since then, we remain undefeated in wrongful death lawsuits.
Our Houston attorney is preeminent rated. Contact us to handle your wrongful death suit and fight for your compensation.
Call our Houston wrongful death lawyer for a NO COST, NO-OBLIGATION CONSULTATION.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Wrongful Death Frequently Asked Questions
Can I file a wrongful death claim if a drunk driver killed my family member?
Yes, we have won many fatal accidents caused by drunk drivers. The drunk driver going to jail doesn't help the family. We will investigate the case to see if anyone else may be liable.
What is the difference between criminal charges and a wrongful death case?
A wrongful death lawsuit is a civil case. It involves proving negligence or gross negligence. District Attorneys handle criminal charges for driving drunk. These two cases are separate. Someone can be liable for wrongful death even if they escape charges.
How is a wrongful death settlement divided between family members?
In a wrongful death settlement, the money can be divided by agreement. Or among families with a decision by a judge or jury. The key factor is how close each family member was to the deceased. The closer the relationship, the larger the potential damages. Claims usually go to family members in this order:
- spouses,
- minor children,
- parents of minor children,
- adult children, and finally,
- parents of adult children.
Can siblings file a wrongful death case?
No, siblings can't participate in a Texas wrongful death lawsuit by statute. Only parents, spouses, and children can file wrongful death claims in Texas.
Can we get punitive damages in our wrongful death lawsuit?
Punitive damages are appropriate when actions are outrageous. For example, if someone gets drunk and causes a fatal accident. That can be gross negligence. Call us to discuss your case with top-rated Houston wrongful death attorneys.
How long does a wrongful death case take?
The length of a wrongful death suit can vary from six months to several years. If the insurance coverage is limited, the case may be resolved quickly. Disputes about fault or multiple defendants take longer.
Can an executor file a wrongful death case?
Yes, in Texas, an executor can file a lawsuit on behalf of the surviving family members. However, each family member can bring a wrongful death lawsuit themselves.
What is the cost of hiring a Houston wrongful death attorney?
Our wrongful death attorney works on a contingency fee basis. Contingency fees mean you don't have to pay any fees unless we win your case. If we win, the fees will come from the money you get. We believe in fighting for justice without making you pay anything upfront. Our fees start at 1/3 of any money recovered. You won't owe us a cent if you don't get money.
How can I start the process of claiming compensation for a wrongful death?
Contact Baumgartner Law Firm today at (281) 587-1111. Families have trusted our law firm after losing a loved one for over three decades. We will guide you through the necessary steps and assist in filing your claim.
Do I need an attorney to file a wrongful death lawsuit?
Yes, you do. While it is possible to sue without an attorney, it isn't easy. The odds are stacked against you. We recommend getting an expert fatal accident attorney. The earlier you get an experienced lawyer, the better.
Related Wrongful Death Posts:
What You Need to Know About Wrongful Death Cases in Texas
About Wrongful Death and Survival Claims in Texas
How Are Wrongful Death Settlements Calculated?
What Happens When Someone Dies in a Car Wreck?
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