Losing a loved one is undoubtedly a devastating experience. When such a loss results from someone else’s negligence, the pain and anguish are even more difficult to bear. In Houston, wrongful death cases are unfortunately all too common. Understanding the intricacies of these cases is crucial for seeking justice and preventing future tragedies. Houston wrongful death lawyer Greg Baumgartner of the Baumgartner Law Firm covers the types of wrongful death cases in Houston, discussing common scenarios, legal elements, and the role of an experienced attorney.
Key Takeaways
- Houston wrongful death cases typically involve motor vehicle accidents, workplace accidents, medical malpractice, and other causes.
- Families can seek justice with the help of a Houston wrongful death lawyer to promote safer work environments and receive the compensation they are entitled to.
- Wrongful Death lawsuits in Texas must be filed within two years. Consulting with an attorney is recommended to guide legal proceedings and rights protection.
Common Wrongful Death Scenarios in Houston
In Houston, wrongful death cases are regularly caused by car collisions, workplace accidents, and medical errors. They can be difficult for affected families to manage alone, so a knowledgeable Houston wrongful death lawyer is beneficial in helping them obtain justice as well as compensation due to their loved one’s avoidable passing.
Filing a Texas Wrongful Death claim against the responsible party is a step toward holding them accountable. Families should consider taking legal action with an attorney specialized in this area if they have been subject to such tragedy.
Motor Vehicle Accidents
Wrongful death is one of Houston’s leading causes of lawsuits, most often due to motorcycle and car accidents. In 2022 alone, 4.481 people were killed on Texas roads. A loss can devastate surviving family members who need legal help from an experienced wrongful death lawyer based in Houston to seek compensation for their loved one’s passing.
You must act fast to preserve evidence like dash cam video, black box data, and scene evidence while seeking justice against the negligent driver responsible. A qualified attorney familiar with such cases will guide you through the complexities involved and offer valuable resources needed during this process. Our attorney at Baumgartner Law Firm will work diligently so those affected can pay for damages caused by somebody else’s recklessness or negligence.
- Car Accidents
Most fatal crashes involve passenger cars and pickup trucks. In Texas last year, someone died every day in a car accident. In one day alone, 31 people died in motor vehicle crashes in Texas.
- 18-Wheeler Crashes
Texas had 612 fatal collisions involving big rigs or 18-wheelers last year. Harris County had the most deaths at 47. Get an 18-wheeler lawyer with over 35 years of experience at Baumgartner Law Firm.
- Motorcycle Accidents
Motorcycle accidents accounted for 315 deaths in Texas last year.
Workplace Accidents
Wrongful death due to workplace accidents has been a common cause of concern in Houston. In 2020, 469 deaths resulted from such tragedies occurring within industrial or construction environments in Texas.
Considering the complexity surrounding these cases, seeking justice through legal channels can be intricate and involves careful consideration on behalf of those affected by wrongful deaths.
- Construction Accidents
In 2020, there were 127 construction worker deaths in Texas. Which rate is the highest in the nation, according to the CDC. Construction accidents happen frequently in Houston.
- Deadly Products
Dangerous products cause many deaths every year. Frequently, a product is part of a fatal accident like a workplace or construction accident or a motor vehicle crash. Having an experienced wrongful death attorney investigating the death can identify potential parties to a wrongful death lawsuit.
Medical Malpractice
Wrongful death cases due to medical malpractice are quite common in Houston. In such circumstances, healthcare professionals fail to provide the acceptable standard of care that any reasonable person would have provided under similar conditions, which may lead to detrimental results- including wrongful death.
Given the changes to the law regarding claims against medical providers in Texas and the caps on damages, it is hard for Texas families to find a lawyer willing to take a medical malpractice case.
Legal Elements of a Wrongful Death Case
When bringing a wrongful death case to court, establishing the negligent actions of the responsible party is essential for families seeking justice. Negligence requires showing that there was an obligation by this defendant towards the deceased and that they breached it, leading directly to their death.
Hiring skilled professionals experienced in handling wrongful deaths can help grieving relatives significantly.
Filing a Wrongful Death Claim in Texas
In Texas, surviving family members such as spouses, children, or parents can file wrongful death lawsuits against those deemed responsible for their loved one’s passing. Time is of the essence when making this type of claim. These must be filed within two years from the date of death.
Reaching out to a Houston wrongful death attorney may prove beneficial throughout this process.
Compensation in Houston Wrongful Death Cases
In Houston, Wrongful death cases can provide economic and non-economic damages for surviving family members. Economic damages include medical costs, funeral bills, lost income, and other financial losses related to the deceased’s passing. Non-economic damage awards seek to compensate a bereaved family for emotional pain endured – mental anguish or loss of companionship due to their loved one’s wrongful death.
In some instances where extreme misconduct on the defendant’s part is found, punitive damages may also be awarded to punish wrongdoers and deter others from similar behavior that is too gravely criminal.
Statute of Limitations for Houston Wrongful Death Cases
Wrongful death claims have a statute of limitations to be filed within two years in Houston. Failing to submit a claim before the deadline could result in being unable to pursue legal action and receive compensation for the loss suffered.
The Role of a Houston Wrongful Death Attorney
A Houston wrongful death attorney can be an invaluable asset for families seeking justice for their loved ones. Managing the investigation and negotiation process associated with these cases On a contingency basis – means the family does not have to worry about the costs of bringing a lawsuit.
Criminal Acts and Wrongful Death Claims
Family members of the deceased who have been wrongfully killed due to a wrongful act can seek civil justice with help from a Houston-based wrongful death attorney. A wrongful death claim should not be confused with any applicable criminal case. Regardless of whether existing charges are filed, families still hold the right to pursue this separate action in court for their damages independently.
Baumgartner Law Firm Personal Injury Lawyer Practice Areas
At Baumgartner Law Firm, our personal injury attorney in Houston, TX, helps clients throughout Texas maximize their damages to get the compensation they deserve. We have recovered millions of dollars and represented thousands of accident victims.
Since 1985, our firm has limited the practice to serious injury cases and produced exceptional results in the following areas:
- Auto & Car Accidents
- Catastrophic and Severe Injuries
- Construction Site Accidents
- Truck & 18-Wheeler Accidents
- Daycare Negligence & Child Injury
- Motorcycle Accidents
- Drunk Driving Accidents
- Dram Shop Lawsuits
- Wrongful Death
Our founder attorney, Greg Baumgartner, has over 35 years of experience and has been peer-reviewed preeminent for decades.
Frequently Asked Questions
What is the average wrongful death settlement in Texas?
The outcomes of wrongful death cases in Texas vary greatly, and no definitive average settlement amount exists. Depending on the details, receiving millions or even tens of millions from insurance companies involved in such instances is possible. Thus, a range of possibilities when dealing with these claims should be considered by an experienced attorney before proceeding.
What constitutes wrongful death in Texas?
In Texas, wrongful death is when an injury resulting from another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default” causes a person’s death or a fetus’ failure to be born alive.
The deceased’s spouse, children, or parents are the only individuals who can bring a wrongful death claim, but the estate may do so if the relatives don’t within three months.
How do you prove wrongful death in Texas?
In Texas, to establish a wrongful death claim, the plaintiff must prove that the offender owed a duty of care to the deceased, which was neglected and resulted in their death plus associated damages.
What is the highest wrongful death settlement?
The largest wrongful death compensation ever awarded in a trial was well over one billion dollars but uncollectable. Some of the largest verdicts in the United States are uncollectable or settle for a fraction of the verdict.
Contact the Top-Rated Houston Wrongful Death Lawyer at Baumgartner Law Firm for Help
Attorney Greg Baumgartner at Baumgartner Law Firm has over 35 years of experience in wrongful death lawsuits and remains undefeated. Contact us for a free consultation.
(281) 587-1111
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Filing a Wrongful Death Case in Texas
How Long Do Houston Wrongful Death Lawsuits Take?
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