Wrongful Death Lawyer in Austin
Helping Families of Wrongful Death Victims in Texas
The loss of a loved one, particularly a sudden and unexpected loss such as that caused by an accident, is one of the most stressful if not the most stressful things that can happen in life. Many people are almost incapacitated after they learn of the loss of a loved one. Austin wrongful death lawyer Greg Baumgartner knows the overwhelming grief which can strike the family after an accident. The loss of a husband, wife child or parent can seem almost unreal at the time we first learn of the accident.
When a death is caused by negligent or careless conduct on the part of another sometimes the only justice available is that which may come from a wrongful death lawsuit. Nothing an attorney can do can ever bring back your loved one. If the death was not caused by crime, the negligent party most likely will never go to jail over the accident. Generally, wrongful death lawsuits in Texas must be brought by a child, spouse or parent. In addition to a wrongful death lawsuit the law recognizes in Texas the survival claim which is the harm caused to the deceased prior to the time of his or her death. This would include in appropriate cases, pain-and-suffering, emotional distress, mental anguish, physical limitations, disability and reasonable and necessary medical expenses that were actually paid or incurred.
Wrongful death damages in the state of Texas are covered by the Wrongful Death Act.
Damages available on wrongful death case can include:
* Financial Losses from the loss of your loved one, such as the value of care, maintenance, services, support advice and counseling that would’ve provided to their family
* Mental Anguish from the loss of your loved one
* The loss of positive benefits out of the love, comfort, companionship and society in the relationship with your family member
* Loss of inheritance from the deceased
In certain cases exemplary damages also known as punitive damages may be available in addition to wrongful death and survival damages. Not every case is appropriate for a claim of exemplary damages. Generally in Texas to pursue a claim of exemplary damages the law requires a willful or wanton act or omission on the part of the defendant or actions commonly known as gross negligence.
If you lost a loved one who like to speak with an experienced Austin wrongful death attorney please contact Austin wrongful death attorney Greg Baumgartner for a no obligation consultation. We charge no fee unless we recover money for you.