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Losing a loved one is really tough. It’s even harder when it happens because someone else was careless. In Houston, wrongful death cases happen quite a bit.
Understanding these cases is important to get justice and help prevent more tragedies. Greg Baumgartner, a wrongful death lawyer in Houston at Baumgartner Law Firm, talks about common situations, legal details, and why having an experienced lawyer is important.
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Houston Wrongful Death Summary
Wrongful death cases in Houston often stem from motor vehicle accidents, workplace incidents, medical malpractice, and various other causes. These unfortunate events not only bring emotional pain but also lead to financial burdens for the affected families.
Seeking Justice and Compensation
Families have the right to seek justice and ensure safer environments with the assistance of a skilled Houston wrongful death lawyer. These attorneys play a crucial role in:
– Investigating the Incident: Lawyers gather evidence and establish the cause of death to build a strong case.
– Navigating Legal Complexities: They guide families through the legal proceedings, ensuring their rights are protected.
– Pursuing Compensation: Lawyers help families receive the Compensation they deserve for their loss, which can cover medical expenses, funeral costs, lost income, and other damages.
Common Wrongful Death Scenarios in Houston
In Houston, wrongful death cases are regularly caused by car collisions, workplace accidents, and commercial vehicle crashes. 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 quickly to save important evidence like dash cam videos, black box data, and scene evidence when going after a careless driver. A skilled lawyer who knows about these cases can help you understand the process and provide the necessary resources. At Baumgartner Law Firm, our Houston wrongful death attorney will work hard to ensure those affected can get compensation for damages caused by someone 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. Many of the fatal car crashes involve drunk drivers. Call our Houston drunk driving accident attorney for a free consultation.
- 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 is the highest rate in the nation, according to the CDC. Construction accidents happen frequently in Houston. Our experienced construction accident lawyer in Houston has won numerous wrongful death construction site cases.
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 Houston wrongful death lawsuits can improve your chances of winning compensation.
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. Texas law controls wrongful death claims. Time is of the essence when making this type of claim. Unfortunately, wrongful death cases are not quick and can take up to two years to settle or get to court.
The sooner you start your claim, the better.
Reaching out to a Houston wrongful death attorney may prove beneficial throughout this process. Call us now for a FREE CONSULTATION.
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 consortium or 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 engaging in similar, grave criminal behavior.
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 invaluable 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. Call Baumgartner Law Firm for a FREE CASE CONSULTATION.
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 injury law 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, Houston personal injury lawyer 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, insurance companies involved in such instances may offer millions or even tens of millions. Thus, an experienced attorney should consider a range of possibilities when dealing with these claims 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.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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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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