Wrongful Death

Baytown, Texas, Wrongful Death Attorneys

Every wrongful death case is different. At The Linebaugh Law Firm in Baytown, Texas, we give each case the time and attention it needs to find out who was responsible for your family member's death. In some cases, the liability is clear. In other cases, we have to do an extensive amount of investigation. It's difficult and painstaking work to prepare a wrongful death lawsuit, but it helps our client obtain the best measure of justice. In the end, we are here to help our clients, not ourselves.

We have handled numerous wrongful death cases over the years. We remember each of those cases clearly. One involved the death of two young women who were killed when an 18-wheeler plowed into their car from behind while they were stopped in a traffic jam. Our law firm represented the family of one of the young women, and another law firm represented the other family.

In that case, the defendant's lawyers filed a motion for summary judgment that the girls did not suffer prior to death. When that motion came across our desk, the defense lawyers' plan was clear to us. In Texas, parents cannot sue for punitive damages. Widows, children, and individuals can sue for punitive damages, but parents cannot due to a quirk in Texas law. The purpose of the motion was to prevent us from putting evidence before a jury that could lead to punitive damages. In this case, that evidence was strong. We had learned that the truck driver had falsified his logbook. In fact, he was in the act of falsifying his logbook when he plowed into our client's vehicle.

We chose to fight the motion tooth and toe-nail. The lawyer for the other family signed the motion without a fight, surrendering his client's rights to a punitive damages claim.

Under Texas case law, if you can show even seconds of pain, suffering, or mental anguish prior to death, then it is enough for a jury to evaluate not only the pain, suffering, and mental anguish evidence, but also the punitive damage evidence concerning the defendant's conduct.

Through the use of affidavits from the girl's father, an accident reconstructionist, a biomechanical engineer, and a pathologist, we were able to prove that our client had experienced up to five seconds of pain and suffering before the fatal blow was delivered. As a result, the trial judge denied the defendant's summary judgment motion and ruled that the jury would hear the punitive damage evidence of the defendant's conduct. Consequently, we obtained four times the amount that the other lawyer obtained for the other family. Moreover, the truck driver and the trucking company we held accountable for their conduct.

Free Consultation: There is never a charge to simply talk to a lawyer about your wrongful death case at The Linebaugh Law Firm in Baytown, Texas.