Baytown Wrongful Death Lawyer

OUR BAYTOWN WRONGFUL DEATH LAWYERS ARE COMMITTED TO SEEKING FAIR COMPENSATION

Did You Lose a Loved One to Negligence? We Can Help You Hold the At-Fault Party Accountable.

Death is an inevitable part of life, and several things can lead to one’s demise, from illnesses to accidents. When a person dies from an accident caused by negligence, the pain their loved ones feel is more intense because they would have lived if not for the negligent act. In such a situation, holding the person or entity who caused the death accountable is one way to get closure and financial compensation for the loss of your loved one.

Those who lost their loved one can seek compensation through a wrongful death claim. However, laws regulating wrongful death claims must be followed to have a successful claim. If you don’t know the rules and the process, you might make mistakes that harm the claim and, in some cases, keep you from recovering compensation.

So, rather than handle the wrongful death claim yourself, you can consult our Baytown wrongful death lawyer at Terry Bryant Accident & Injury Law. We have a track record of helping those who lost loved ones file successful claims. While the money won’t bring back the deceased, it will provide some financial comfort and cover their burial and funeral expenses.

We understand how challenging this time is for you, so we will provide you with compassionate support but will aggressively go after the person or entity who caused the death of your loved one. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review, and to learn more about how we can help you get justice.

Why Choose Our Baytown Wrongful Death Attorney?

At Terry Bryant Accident & Injury Law, we know how painful it is to lose a loved one and that the pain you feel is increased by the knowledge that they died because of the negligence of another person or entity. We leave no stone unturned to get you justice and maximum compensation. We have done this for our clients in Baytown and other Texas cities dating back to 1985 and remain committed to holding negligent parties accountable.

When you choose our law firm, you will get a team of dedicated lawyers and support staff who are ethical, reliable, knowledgeable, trustworthy, and skilled. We will commit time and resources to your case, and you will get assigned to one team from the beginning to the end of your claim. We will provide regular updates so you are always informed of your case.

Our team has an in-depth understanding of Texas wrongful death laws and how the legal system works, and use it to your advantage. You don’t have to worry about legal fees as we’ll handle your case on a contingency fee basis – our attorney’s fee is contingent on you obtaining a successful recovery. So, do not delay taking action since evidence may be disappearing and there may be critical legal deadlines approaching. Contact us today to get started.

We know no two cases are the same, and we take a personalized approach to every case, providing each client with what is needed to secure the best possible outcome. 

Causes of the Wrongful Death Claims We Handle

In Baytown, Texas, a wrongful death claim arises when a person dies due to another person’s wrongful act, neglect, carelessness, unskillfulness, or default. Wrongful death claims are civil actions and usually result from any of the following:

Workplace Accidents

Different workplace accidents can lead to a wrongful death — for example, falls, machinery-related accidents, and exposure to hazardous substances. Under Texas law, you can file a wrongful death action against an employer for your loved one’s death only if the employer does not have workers’ compensation insurance. (However, if there is workers’ comp, a wrongful death claim against the employer may still be possible if there was gross negligence, or an intentional act or omission by the employer.)

If your loved one’s employer had worker’s compensation insurance, you will receive death benefits. However, you can also file a wrongful death action against third parties like manufacturers or companies at the job site if their negligence caused the workplace accident and your loved one’s death.

Car Accidents

Car accidents are one of the leading contributors to wrongful death claims. When a car crash occurs due to negligent actions like drunk driving, speeding, and distracted driving, the at-fault driver can face a wrongful death action.

Medical Malpractice

Medical professionals and institutions must maintain the accepted standard of care when treating patients. However, they sometimes fail to do this, leading to a patient’s death. The treating institution or personnel can face a wrongful death claim in such an instance.

Defective Products

Product manufacturers must warn consumers of any product design flaws and manufacturing defects. If they fail to do this, and a consumer dies, they could face a claim for wrongful death.

Premises Liability

Property owners must keep their premises free from hazardous conditions. If a dangerous condition leads to your loved one’s death, you can seek compensation. However, the deceased must have been an invitee or licensee to have a valid claim. If the deceased was trespassing, your claim might fail.

A wrongful death action can also result from nursing home abuse or neglect and criminal or violent actions, like assault and homicide due to negligent security. Our wrongful death lawyer in Baytown can help you determine if you have a valid claim based on the case’s facts.

At Terry Bryant Accident & Injury Law, we use every opportunity to ensure our clients get maximum compensation and are not lowballed by insurance companies. 

Who Can File a Wrongful Death Claim in Baytown, Texas?

Under Texas law, specifically Chapter 71 of the Texas Civil Practice and Remedies Code, there are four classes of people who can file a wrongful death claim. They include the following:

• Spouse of the Deceased: A spouse is someone to whom the deceased was married by state or common law. In Texas, even if a person was separated at the time of death, their spouse might still be eligible to file a claim.
• Children: All biological children of the deceased can file a claim. Also, any child formally adopted is eligible to bring a claim for their adoptive parent’s wrongful death. However, an adopted child cannot take legal action if their biological parent dies due to negligence, as they have already been formally adopted.
• Parents: Biological parents can file a claim if their child dies wrongfully. Similarly, adoptive parents can seek compensation for the death of their adopted child. Even if a couple is divorced, it does not stop them from bringing a wrongful death lawsuit for their child.
• Personal Representatives or Executor: If the surviving spouse, children, or parents do not file a wrongful death lawsuit within three months of the date of death, the personal executive or executor of the deceased’s estate can file the claim on their behalf. The only time the representative is not allowed to take action is if the surviving family members do not want to.

Any family member not mentioned above cannot file a wrongful death action. Those excluded include the following:

• Siblings
• Grandparents
• Foster parents
• Biological parents of an adopted child
• Partners not in a formal or common-law marriage
• Stepparents
• Other relatives.

We can help you determine your eligibility to file a claim and take the relevant actions against the party responsible.

How Is Liability Proven in a Wrongful Death Action?

In establishing the negligence of the at-fault party, we will prove these elements:

• Duty of Care: The defendant owed the deceased a duty of care. This means that the defendant should have acted in a way that prevented harm. For example, a drug manufacturer should have informed consumers of their medicine’s possibly fatal side effects.
• Breach of Duty: The defendant breached their duty of care by being negligent — for example, driving while under the influence of drugs or alcohol.
• Causation: The negligent action caused the deceased’s death. This involves linking the defendant’s action to the deceased’s death. For example, the drunk driver ran a red light and collided head-on with an oncoming vehicle.
• Damages: The defendant’s action must have caused damages for the surviving family members, who deserve compensation.

We will use supporting evidence to help you prove the at-fault party’s liability. Helpful evidence in wrongful death claims includes witness statements, expert analysis, medical records, police reports, and photographic evidence.

We are committed to delivering results for our clients and have access to the resources and experts needed to prove the defendant’s liability. 

Recoverable Compensation in a Wrongful Death Action

The following are what we may recover for our clients after a successful case:

• Medical expenses (costs related to the treatment of the deceased before death)
• Funeral and burial costs
• Loss of income
• Loss of consortium
• Pain and suffering
• Loss of benefits
• Loss of companionship.

The court might award punitive damages in cases involving gross negligence or intentional harm. Punitive damages are awarded to punish the defendant and deter similar conduct in the future.

Baytown Wrongful Death Lawyers FAQs

Losing a loved one is heartbreaking and will leave you with questions. Below are some of the questions we get from clients.

How Long Do I Have to File a Wrongful Death Claim in Baytown, Texas? 

You typically have two years from the date of death to file a wrongful death lawsuit. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) Once deadlines pass, you may be barred from seeking compensation.

Can I Recover Compensation if the Deceased Was Partially at Fault for the Accident?

Yes. Texas follows a modified comparative negligence rule, which means you can still recover compensation if the deceased was less than 51% at fault for the accident. However, the deceased’s percentage of fault will reduce your compensation.

Do I Need a Lawyer for a Wrongful Death Case? 

Not necessarily. While it is not required, having a lawyer can significantly help you navigate the legal process, gather evidence, and negotiate with insurance companies to ensure you receive fair compensation.

How Long Does a Wrongful Death Case Take to Resolve? 

The duration of a wrongful death case can vary depending on several factors, such as its complexity, the parties’ willingness to settle, and the damages sought. Some settlements may only take a few months, while a case going all the way to trial may take several years.

How Our Attorneys Will Help You

Dealing with a loved one’s death and trying to take legal action is a lot to handle at once. But it’s easier when you have our Baytown, Texas, wrongful death lawyer representing you. We will ensure you are fully informed of your rights and gather crucial evidence to build a strong case.

We will negotiate with the at-fault party to secure a fair settlement and represent you in court if the negotiation fails. Also, we will advocate for your best interests and guide you to decisions that will not jeopardize your claim. With us representing you, you can rest assured while we handle all the legal complexities.

Let Us Help You Get Justice!

If you lost a loved one to a negligent action, the Terry Bryant Accident & Injury Law team can help you get justice. We will devote our firm’s resources to your case and relentlessly pursue fair compensation. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.