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December 21, 2023 by Greg Baumgartner
Losing a loved one in an incident caused by negligence or misconduct is a deeply traumatic experience. In Texas, if you find yourself in this heart-wrenching situation, you have the legal right to seek justice and compensation through a wrongful death claim with the help of a wrongful death attorney. This process, while complex, is a crucial step in acknowledging your loss and holding responsible parties accountable. Below is a guide to help you navigate these challenging waters.
A wrongful death lawsuit in Texas is a civil action that you, as an immediate family member, can initiate when your loved one’s death results from another’s negligence or wrongful act. This legal pathway allows you to claim compensation for the emotional and financial toll the death has caused. It is about seeking justice and ensuring you are not left struggling with the financial implications of your loss.
Before diving into the legalities, it’s crucial to consult with a lawyer. This is where a top-rated Houston wrongful death attorney can be your ally. They bring expertise in navigating the complexities of Texas laws and can provide invaluable guidance through each step of the process.
Your next step is obtaining the death certificate. This document is essential as it officially records the cause and fact of death. You can acquire it from the county clerk’s office in the county where the death occurred or request it online from the Texas Department of State Health Services.
Understanding if the deceased left a will is vital. This document often identifies the executor or personal representative of the estate, who can file a wrongful death claim or a survival action.
Investigating the circumstances surrounding the death is crucial for building a strong case. Gathering evidence like medical records, eyewitness accounts, and accident reports is key to proving negligence. A top Houston wrongful death attorney can offer such services.
In Texas, only certain family members can file a wrongful death claim. Determining these individuals’ identities and ensuring they know their rights is essential.
Documenting all emotional and financial losses is a critical part of your claim. This includes funeral expenses, medical bills, lost earnings, and the loss of companionship and support.
In Texas, the right to file a wrongful death lawsuit is restricted to the deceased’s surviving spouse, children, and parents. The estate representative can intervene if these family members do not file a claim within a specified period. Understanding who is eligible is key to ensuring the right parties pursue the claim.
Time is of the essence in wrongful death claims. Texas law stipulates a two-year statute of limitations from the date of the accident. Missing this deadline can result in losing the right to file a claim, making prompt action essential.
While no legal action can bring back your loved one, pursuing a wrongful death claim can provide a sense of closure and financial stability. Experienced wrongful death attorneys in Texas can guide you through this difficult process, helping to ensure that justice is served and you receive the compensation you deserve.
Contact a top wrongful death attorney in Houston, TX, for a free consultation.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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