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(281) 587-1111
(281) 587-1111
Losing a loved one is a devastating experience, and it can be even more difficult if their death is caused by someone else’s negligence or intentional actions. In this situation, you may have the option to hire a wrongful death attorney. They can file a wrongful death suit to seek justice and compensation for your loss.
But what are your chances of winning a wrongful death suit? Here are the factors that can affect the outcome of a wrongful death case and what you can do to increase your chances of success.
Understanding what constitutes a wrongful death in Texas. A wrongful death is a death caused by the negligence, recklessness, or intentional actions of another person or entity. This type of case seeks damages for a family member’s loss of a loved one.
Wrongful death claims in Texas are covered by a statute that sets out the standards for bringing and winning a wrongful death suit.
a) An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section.
(b) A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.
CPRC Section 71.004
BENEFITTING FROM AND BRINGING ACTION.
(a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.
(b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.
(c) If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm
Examples of Wrongful Death Cases
Some common examples of wrongful death include:
In these cases, the surviving family members of the deceased may have the right to file a wrongful death suit to seek compensation for their loss.
In any legal case, the burden of proof falls on the plaintiff, meaning it is their responsibility to prove that the defendant is liable for the damages. In a wrongful death suit, this means that you must prove that the defendant’s actions or negligence directly caused the death of your loved one.
In Texas, the burden of proof for a wrongful death lawsuit is the preponderance of the evidence (more likely than not).
Proving a wrongful death case can be a challenging task, as you must provide evidence and convince a jury that the defendant is responsible for the death. A skilled and experienced legal representation can greatly increase your chances of success.
Several factors can affect the outcome of a wrongful death suit. These include:
As mentioned earlier, the burden of proof falls on the plaintiff in a wrongful death suit. Thou must have strong evidence to support your claim and prove that the defendant is responsible for the death.
Some examples of evidence that can strengthen your case include:
In addition to strong evidence, the credibility of witnesses can greatly impact the outcome of a wrongful death suit. If your witnesses are deemed unreliable or untrustworthy, it can weaken your case and decrease your chances of success.
In some cases, the defendant’s reputation can also play a role in the outcome of a wrongful death suit. If the defendant has a history of similar incidents, it can strengthen your case and increase your chances of winning.
In trucking accident lawsuits, violations of federal regulations can be powerful evidence that helps a wrongful death case.
While there is no guarantee of success in a wrongful death suit, there are steps you can take to increase your chances of winning. These include:
As mentioned earlier, having a skilled and experienced legal representation can greatly impact the outcome of a wrongful death suit. Choose a wrongful death attorney in Houston, TX, with the knowledge, expertise, and resources to build a strong case and fight for your rights in court.
When choosing an attorney, research their experience and success rate in handling wrongful death cases. Consider their reputation and years of experience as a primary factor.
As the burden of proof falls on the plaintiff, it’s crucial to gather strong evidence to support your case. Vital evidence may include medical records, expert testimony, and other relevant documents or witness statements.
Your attorney can help you gather and organize this evidence to present a strong case in court.
While many wrongful death cases are settled outside of court, it’s important to be prepared for a trial in case a settlement cannot be reached. Trial prep means being ready to testify and present your case before a jury.
Your attorney can help you prepare for a trial and ensure you are comfortable and confident in presenting your case.
If you are seeking compensation for a wrongful death, there are several factors to consider. The amount of compensation you may be entitled to will depend on various factors such as:
It’s important to consult with an experienced wrongful death attorney who can assess your case and help determine the potential compensation you may be eligible for. They will gather evidence, calculate the damages, and guide you through the legal process to maximize your chances of receiving fair compensation.
The average wrongful death settlement can vary greatly depending on various factors, such as the circumstances of the case, the jurisdiction, and the damages involved. In Texas, for example, the average wrongful death settlement can range from tens of thousands to millions of dollars. It is important to note that each case is unique, and the settlement amount will depend on the specific details and evidence presented.
A few of the biggest factors are how clear liability is and whether there is enough insurance to cover the damages. To get a more accurate estimate of the potential compensation you may be eligible for, it is recommended to consult with an experienced wrongful death attorney who can assess your case and provide personalized guidance.
There have been many high-profile Houston wrongful death cases that have resulted in successful outcomes for the plaintiffs. Here is an example:
One of the many fatal truck accident lawsuits won by Baumgartner Law Firm includes the case where a truck driver lost control of the big rig and traveled into the oncoming lane of traffic, killing a father and son. Baumgartner Law Firm represented the truck driver who sustained severe injuries and ultimately died. Our wrongful death attorneys obtained a multi-million dollar settlement on the courthouse steps.
The settlement we collected for the driver’s family was more than the other personal injury lawyers received for the family of the innocent father and son.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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