Filing a Wrongful Death Case in Texas

The loss of a loved one in an accident takes a tremendous emotional toll on family members. Our undefeated Houston wrongful death law firm can help you seek justice. If you are considering filing a wrongful death case in Texas, we can guide you through the process.

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.

Learn more about wrongful death lawsuits in Houston, Texas, and contact a leading wrongful death attorney in Houston at Baumgartner Law Firm. Call (281) 587-1111.

What is a Wrongful Death Lawsuit?

If someone dies because of another person's negligence, their surviving family members can sue for wrongful death. This kind of lawsuit compensates the surviving family members for their losses. Some types of compensation can include lost companionship and society, services, loss of advice and counsel, mental anguish, lost financial help, funeral expenses, and more.

Bringing a Wrongful Death Lawsuit 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 may be brought:

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 were 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.

Where is a Wrongful Death Lawsuit Filed?

The venue for filing a wrongful death case in Texas is generally one of two places. Either the county in which the accident occurred that caused the death, or the county where the defendant resides.

Read More: What Does a Wrongful Death Attorney Do?

Texas Wrongful Death Compensation and Damages

Damages awarded in a Texas wrongful death claim are paid to surviving family members or 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

Exemplary Damages

In Texas, Exemplary Damages (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:

• Construction Accidents
• Criminal Acts
• On-the-Job Accidents
• Dangerous Chemicals
• Equipment failure
• Falls
• Semi-Truck Accidents
• Car Accidents

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.

How 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 Houston criminal charges are filed, a wrongful death claim may also be submitted.

What is the 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 Wrongful Death Suit

Wrongful death claims typically take years to settle—the average wrongful death claim in Texas takes between one and 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.

In that case, the top-rated personal injury attorneys at Baumgartner Law Firm in Houston can assist with your case. Call (281) 587-1111.

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. We also have decades of experience 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 40 years, fighting for and getting maximum compensation in every case.

We selectively accept cases to represent our clients best and don’t get paid unless we win. Contact us for your free consultation today.

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111

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