Beaumont Wrongful Death Lawyer
Losing someone you love is devastating. When a wrongful death could have been prevented, families are left with grief, questions, and financial pressure. Dugas Law Firm helps families in Beaumont and Southeast Texas pursue accountability and compensation through personal injury litigation.
If a loved one’s death may have been caused by negligence, a conversation with a Beaumont wrongful death lawyer can help clarify your options. Contact Dugas Law Firm at (409) 226-0990 to schedule a no-cost case evaluation.
Dugas Law Firm represents families in wrongful death cases involving:
What Is a Wrongful Death in Texas?
Under Texas law, a wrongful death may occur when a person’s death (or a fetus’s failure to be born alive) is caused by another party’s negligence, carelessness, recklessness, unskillfulness, or intentional wrongdoing.
A wrongful death claim is a civil case. Its purpose is to help eligible family members recover damages tied to the loss.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits wrongful death claims to the deceased person’s:
- Surviving spouse
- Children
- Parents
One or more eligible family members may file the claim for the benefit of all eligible beneficiaries. If no eligible family member files within a short period, the estate’s personal representative may be able to file in certain situations.
Damages Available in a Beaumont Wrongful Death Case
A wrongful death claim may include compensation for:
- Funeral and burial expenses
- Lost earning capacity and financial support
- Loss of companionship, care, and guidance
- Loss of household services and support
- Mental anguish and emotional suffering
Punitive damages may be available in certain cases, including when conduct involves alcohol abuse and rises to a level that supports exemplary damages.
Wrongful Death vs. Survival Action in Texas
Texas also recognizes survival actions.
- A wrongful death claim focuses on the losses suffered by eligible family members.
- A survival action continues the personal injury claim the person could have brought if they had lived, and the recovery generally belongs to the estate.
Both claims may apply in the same case depending on the facts.
How Long Do Families Have to File?
In Texas, wrongful death lawsuits generally must be filed within two years of the date of death.
There can be limited exceptions, especially when a government entity is involved. Evaluating deadlines early is important to preserve your rights.
Beaumont Workplace Deaths, Workers’ Comp, and Third-Party Claims
Workers’ Compensation Death Benefits
If a fatal workplace incident is covered by workers’ compensation, eligible survivors may receive death and burial benefits based on the worker’s average weekly wage. These benefits are subject to maximum and minimum limits that change annually.
Because benefit rates are updated by fiscal year, families should rely on the current Texas Department of Insurance benefit tables for accurate figures.
Third-Party Wrongful Death Claims
Some workplace deaths involve negligence by someone other than the employer, such as a contractor or equipment manufacturer. In those cases, a family may have a third-party wrongful death claim in addition to workers’ compensation benefits.
Third-party claims can be critical because they may allow recovery for losses that workers’ comp does not fully cover.
What to Do After a Wrongful Death
When families are able, these steps may help protect a future claim:
- Preserve incident reports, medical records, and related documentation
- Save photos, videos, and communications connected to the event
- Identify and record witness contact information
- Avoid signing releases or giving recorded statements prematurely
- Speak with legal counsel early to confirm deadlines and preserve evidence
Early case-building may involve gathering evidence and private investigators working to locate witnesses, secure footage, and document key details.
Frequently Asked Questions
How is fault proven in a wrongful death case?
Fault is proven by investigating the incident and showing that the death resulted from negligence or wrongful conduct. Evidence may include reports, witness testimony, medical documentation, and legal analysis.
How is the value of a wrongful death case determined?
Case value depends on lost income and support, the emotional and relational loss to survivors, funeral and medical expenses, and whether punitive damages apply. Every case is fact-specific.
How long do families have to file in Texas?
In most cases, a wrongful death lawsuit must be filed within two years of the date of death.
Contact a Beaumont Wrongful Death Attorney
Dugas Law Firm represents families in Beaumont and across Southeast Texas in wrongful death claims and related actions. To discuss options and next steps, contact the firm at (409) 226-0990 to schedule a no-cost case evaluation.
For guidance on next steps after a wrongful death in Beaumont or Southeast Texas, contact Dugas Law Firm. Call (409) 226-0990 to schedule a no-cost case evaluation today.
