Suing for Wrongful Death in Texas: How to File Your Case in Houston
The loss of a loved one inย an accident takes a tremendous emotional toll on family members. Our undefeatedย 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 aย wrongful deathย 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 financial burden on victimsโ families.
Learn more about wrongful death lawsuits inย Houston, Texas, and contact a leadingย wrongful death attorney in Houstonย at Baumgartner Law Firm. Callย (281) 587-1111.
What is a Wrongful Death Lawsuit?
If someone dies because of another personโs 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 Civil Practice and Remedies Codeย Section 71.002ย states that if โneglect, a wrongful act, unskillfulness, carelessness, or defaultโ 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 individualโs deathโฆ[and] was caused by the person, his agentโs or servantโs wrongful actโฆ[or] the injury was caused by an unsafe or harmful condition [of a utility or] machinery under the personโs 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 personโs representative or Executor of the Deceasedโs 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?
Texas Wrongful Death Compensation and Damages
Damages awarded in a Texas wrongful death claim are paid to surviving family members or the deceasedโs 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 damagesย in other states) may be awarded if a fatality is caused by gross negligence or a willful act or omission. The intended purpose of awardingย punitive damagesย 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 deceasedโthe 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 criminalย 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 ifย Houston criminal chargesย are filed, a wrongful death claim may also be submitted.
Call an UNDEFEATED Wrongful Death LAWYER IN HOUSTON FOR HELP!
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 claimโtwo 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 Lawsuit
Wrongful death claims typically take years to settleโthe 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, includingย The Woodlandsย andย Conroe, Texas.
In that case, the top-ratedย personal injury attorneysย at Baumgartner Law Firm in Houston can assist with your case.ย Callย (281) 587-1111.
Talk with a Top-Rated Houston Wrongful Death Lawyer at Baumgartner Law Firm
For decades,ย Baumgartner Law Firmย has won record multi-million-dollar settlements in wrongful death cases in Texas. See some of ourย 5-star reviews!
We areย undefeated in wrongful death lawsuits. We also have decades of experience identifying potential defendants and negotiating with the defendantโs insurance companies. We have protected the families of wrongful death victims inย Houstonย and across Texas for over 40 years, fighting for and getting maximum compensation in every case.
Our wrongful death attorneys in Houston selectively accept cases to maximize compensation for our clients and donโt get paid unless we win.ย Contact us for yourย free consultation today.
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About Our Law Firm in Houston
Houston personal injury attorney Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Baumgartner Law Firm has limited our law practice to serious personal injury cases and fatal accident cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for families across Texas.
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