Beaumont Wrongful Death Lawyers

Losing someone you love is never easy. But losing someone you love simply because another person or business didn’t care enough to consider the true costs of their actions is something no one should ever have to experience. At Dugas Law Firm, we understand what a difficult time this is for the people and families we represent. We have seen firsthand the devastation, anger, and grief these needless tragedies leave behind. We are here to help.

What Is Considered Wrongful Death In Texas?

In Texas, wrongful death occurs when an individual's death or a fetus's failure to be born alive is caused by the negligence, recklessness, or intentional misconduct of another person or entity (Tex. Civ. Prac. & Rem. Code §§ 71.001 to 71.003).This tragic event often involves scenarios such as automobile accidents, medical malpractice, defective products, workplace accidents, or criminal acts. The state of Texas has specific statutes governing wrongful death claims, designed to provide justice and compensation to the surviving family members of the deceased.

Who Can File a Wrongful Death Claim in Texas?

In Texas, surviving spouses, parents, and children and certain other family members may be able to obtain compensation by filing a wrongful death claim.

Comprehensive Compensation for Wrongful Death in Southeast Texas

A wrongful death claim may be able to obtain compensation for the following:

• Medical and funeral expenses
• The loss of expected future income
• The loss of companionship
• The loss of benefits
• The loss of inheritance in the case of minor children

Punitive damages may be awarded in certain cases, such as drunk driving accidents and deaths related to sexual abuse.

How Long Do I Have To File A Wrongful Death Claim In Texas?

In Texas, you have a two-year window from the date of your loved one's passing to file a wrongful death claim. This statutory period is crucial, as failing to initiate legal proceedings within this timeframe can result in losing the right to seek compensation altogether. It's imperative to act promptly to ensure that your opportunity for justice and financial recovery remains intact.

As seasoned Beaumont wrongful death lawyers, we recognize how daunting it can be to navigate the legal complexities of a wrongful death claim while mourning your loss. Nevertheless, it's essential to act swiftly to protect your legal rights. Certain exceptions—such as cases involving minors, government entities, or situations where the cause of death was not immediately apparent—can alter the statute of limitations. Engaging with experienced wrongful death attorneys in Beaumont, TX, can help determine the specific deadlines relevant to your case and ensure that you don't miss critical filing windows.

The sooner you meet with a Beaumont wrongful death lawyer, the greater your chances of gathering and preserving key evidence, identifying witnesses, and putting together a strong case. Furthermore, starting the legal procedure early can help reduce some of the financial stress that typically comes with the untimely loss of a loved one, as it enables for the timely pursuit of compensation for medical costs, funeral expenses, lost income, and other damages.

Understanding Worker Death Benefits in Texas

When a worker dies on the job, the tragedy is overwhelming for the family. When the worker was covered by workers’ compensation insurance, the widow and family can receive benefits according to the schedule of benefits. There is a maximum and that maximum can be limited in time depending on certain circumstances.

Details on Worker Death Compensation

The maximum death benefit paid is $861 per week. This weekly benefit is paid until the spouse dies unless the spouse remarries. If the spouse remarries, then the benefit is limited to a total of 104 additional weeks during the subsequent marriage. This means that these death benefits are measured by the amount of time the benefits pay out and whether or not the spouse remarries.

Survival Actions Explained

In addition to wrongful death, the state of Texas also allows for “the estate” of the person who was killed to obtain compensation for conscious pain and suffering as well as punitive damages—if it can be shown that the person lived for a period of time after sustaining their injuries. This type of lawsuit is known as a “survival action.”

In either a wrongful death lawsuit or a survival action, our goal is to exceed your expectations in every way and to help you understand and feel more comfortable with the legal process. And while we are always aggressive in trying to resolve cases as quickly as possible in order to get you the financial help you need—we are equally dedicated to making sure that we handle the case correctly at the same time.

Third-Party Claims for Workplace Accidents

Some workplace injuries may be caused by some person or entity who is not the employer. These are called third party claims. In a third party claim, the worker’s family can bring a lawsuit against another contractor or person and sue them for the wrongful death of the worker. The wrongful death claim is not affected or limited by workers’ compensation insurance so long as the worker was never employed by the party or defendant being sued.

The wrongful death claim will be based on negligence of the party being sued and while gross negligence may in fact be involved, the gross negligence is not the minimum standard like there is in the claims brought against a worker’s employer with workers’ compensation insurance. This means it is far easier to prove a case of liability to the jury and easier to obtain successful verdicts.

Seek Justice for The Loss of Your Loved One

Experiencing the loss of a loved one due to someone else's negligence or wrongful actions is profoundly heartbreaking. At Dugas Law Firm, our empathetic team is committed to assisting families in their pursuit of justice and appropriate compensation for such a tragic loss. We recognize both the emotional and financial burdens that come with wrongful death, and we are dedicated to offering unwavering support and expert guidance throughout this difficult journey.

When you work with us, you can expect:

• Personalized attention and care
• Thorough investigation and legal representation
• Transparent communication and updates on your case
• Aggressive advocacy for your rights

Our seasoned attorneys possess an in-depth knowledge of Texas wrongful death statutes and are relentless in their pursuit of justice. We are dedicated to holding those at fault accountable for their actions. Our commitment extends to helping you and your family secure the compensation and sense of closure you rightfully deserve.

Types of Damages in a Wrongful Death Claim

In a wrongful death lawsuit, surviving family members may be entitled to various forms of compensation, including:

• Funeral and burial expenses: Compensation for the costs associated with your loved one’s funeral and burial.
• Medical expenses: If the deceased received medical treatment prior to death, the family can seek reimbursement for those medical bills.
• Loss of income: Compensation for the income your loved one would have earned had they survived, including wages, benefits, and future earning potential.
• Pain and suffering: Damages for the emotional pain, anguish, and suffering the family members have endured due to the loss of their loved one.
• Loss of companionship and guidance: Compensation for the loss of the relationship, love, care, and support your loved one would have provided.
• Punitive damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar behavior.

Contact Our Beaumont Wrongful Death Lawyers

If you’ve lost a loved one due to someone else’s negligence, Dugas Law Firm is here to help. Our experienced Beaumont wrongful death attorneys will provide you with the legal guidance and support you need during this difficult time. We understand the emotional and financial toll this situation can take on your family, and we are committed to helping you seek justice and compensation.

Related Readings:

• Suing for Wrongful Death in Texas

Call our wrongful death lawyers near you at (409) 226-0990 and schedule your no-cost case evaluation today. Assistance available in English and Spanish.

Wrongful Death FAQs

How long do I have to file a wrongful death lawsuit?
Texas law provides a two-year statute of limitations for filing a wrongful death claim. This means you must file your lawsuit within two years of your loved one’s death. If you miss this deadline, you may lose your right to seek compensation.

What types of compensation can I receive in a wrongful death case?
The compensation you may receive includes funeral expenses, medical bills, loss of income, emotional pain and suffering, and punitive damages, depending on the circumstances of the case.

How is fault determined in a wrongful death case?
In a wrongful death case, fault is determined by investigating the facts of the case, collecting evidence, and establishing that the defendant's negligence or misconduct directly led to the death of your loved one. This may involve examining police reports, witness statements, medical records, and expert testimonies.

What if the death was caused by a criminal act?
If the death was caused by a criminal act, you may have both a wrongful death claim and a criminal case. While a criminal case is handled by the state and is intended to punish the responsible party, a wrongful death lawsuit is a civil case designed to provide financial compensation to the family.