Filing a Wrongful Death Case in Texas
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The loss of a loved one in an accident takes a tremendous emotional toll on family members. Our undefeated Houston wrongful death lawyers can help you seek justice.
Filing a Wrongful Death Case in Texas
Baumgartner Law Firm understands the impact of losing your loved one and the grieving process. When a loved one dies, in addition to the emotional trauma, it can also cause significant financial hardship. We want to help you through the process of making a wrongful death claim.
Every state has laws that hold persons or entities legally accountable for causing the death of another due to neglect, carelessness, or other reasons. These laws are designed to ease the victims’ families’ financial burden.
Wrongful Death Lawsuits in Texas
The Law in Texas
Texas Statute Section 71.002 states that if “neglect, a wrongful act, unskillfulness, carelessness, or default” by one party causes the death of another, a wrongful death claim if:
Further, Sec. 71.002 explains the Cause of Action as:
If liability exists under this section, a person is liable for damages arising from any injury that causes an individual’s death…[and] was caused by the person, his agent’s or servant’s wrongful act…[or] the injury was caused by an unsafe or harmful condition [of a utility or] machinery under the person’s control or operation.
The Process: Who May File a Texas Wrongful Death Claim?
Texas Wrongful Death Claim Law clearly defines who may file a claim as follows:
- The surviving spouse, children, and parents of the deceased–may file the claim individually or as a group.
- If none of the above file a wrongful death claim within ninety days of the death, the deceased person’s representative or Executor of the Deceased’s Estate may file the claim.
- A surviving family member may specifically request that the claim not be filed.
- Under particular circumstances, if the act or omission occurred in another state or a foreign country, it may still be possible to file a wrongful death claim in Texas.
- If a child was legally and fully adopted, they could file a wrongful death claim for the death of an adoptive parent.
- Adoptive parents are eligible to file a wrongful death claim on their adopted child.
- An adopted child may not file a wrongful death claim for the loss of a biological parent.
- Survivor siblings may not file a wrongful death claim for losing a biological or adopted sibling.
Criminal Charges are Different
Wrongful death is different from a criminal homicide case. In a criminal case, the charges are filed by the prosecuting attorney; the penalties for criminal homicide include probation, imprisonment, fines, or other sanctions.
However, even if criminal charges are filed, a wrongful death claim may also be submitted.
Texas Wrongful Death Compensation and Damages
Damages awarded in a Texas wrongful death claim are paid to surviving family members or to the deceased’s estate; they are intended to compensate not only for financial losses but also for:
- Emotional and mental suffering
- Funeral and burial expenses
- Loss of inheritance they could have assembled had they lived an expected lifetime.
- Loss of love, companionship, and comfort
- Medical bills related to the injury that resulted in the death
In Texas, Exemplary Damages (known as punitive damages in other states) may be awarded if a fatality is caused by gross negligence or a willful act or omission. The intended purpose of awarding punitive damages is not to cover financial losses but to punish an individual or entity and deter similarly egregious behavior in the future.
Common wrongful death incidents include:
In a wrongful death claim, damages awarded are based on the relationship to the deceased–the court or a jury determines the amounts and proportions if you have questions about the loss of a family member, talk with a preeminent rated and undefeated Houston wrongful death lawyer about your case. Call (281) 587-1111.
Statute of Limitations for Filing a Texas Wrongful Death Claim
Texas has a specific statute of limitations for filing a wrongful death claim–two years unless one of the clearly defined exceptions applies. Talk to an experienced Texas wrongful death lawyer at Baumgartner Law Firm for more information and details.
Settling A Claim
Wrongful death claims typically take years to settle—the average wrongful death claim in Texas takes between one to three years unless insurance is inadequate.
If you believe you may have a wrongful death claim and would like more information about the Texas statute on Wrongful Death or have questions about filing a Texas wrongful death claim.
Our law firm handles severe injury and wrongful death claims in Houston, including The Woodlands, and Conroe, Texas.
Talk with a Top-Rated Houston Wrongful Death Lawyer at Baumgartner Law Firm
For decades, Baumgartner Law Firm has won record multi-million-dollar settlements in wrongful death cases in Texas. See some of our 5-star reviews!
We are undefeated in wrongful death lawsuits. And have decades of experience in identifying potential defendants and negotiating with the defendant’s insurance companies. We have protected the families of wrongful death victims in Houston and across Texas for over 35 years, fighting for and getting maximum compensation in every case.
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Do you make house calls or hospital visits?
What kind of cases do you accept?
We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we accept, we can provide the time attention, and resources required to maximize compensation for our clients.
Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
Do I have to pay money out of my pocket to hire you?
Do you handle all types of personal injury cases?
No, we are very selective in the cases that we agree to accept. We intentionally limit the number of cases that we handle and the practice areas for the cases we take to provide the best possible personal service for our clients. To learn more about the cases we cover, visit our practice areas page or you can contact us for individual consultation about your case. (281) 587-1111.
What is the best way to contact you?
We prefer to be contacted by telephone and also respond to our online consultation requests. You can call us 24/7 at (281) 587-1111. We offer Zoom consultations as well.
How successful have you been with your cases?
We are a personal injury law firm with over three decades of experience and are extremely proud of our winning track record of success. Our founder is nationally recognized as among the best personal injury lawyers in the USA. We are undefeated in truck accident cases, wrongful death cases, and daycare negligence and invite you to check out our results page for recent results in cases we won.
For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
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