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(281) 587-1111
(281) 587-1111
(281) 587-1111
At Baumgartner Law Firm, our experienced Houston wrongful death lawyers are dedicated to helping families navigate the heartbreaking aftermath of losing a loved one due to someone else’s negligence.
We understand the emotional and financial devastation these tragedies cause—and we’re here to provide the compassionate support, clear answers, and aggressive legal advocacy you deserve.
Tragically, preventable deaths from accidents happen far too often in Houston and throughout Texas. If your family faces this painful journey, let us help you seek justice and accountability.
For justice and compensation, call our Houston wrongful death attorneys. We will fight for you and honor the memory of your loved one.
A wrongful death claim is a legal action that allows surviving family members to seek compensation for the loss of a loved one due to the negligence or wrongful act of another person or entity. This type of claim is designed to hold the responsible party responsible for their actions and provide financial support to the family members affected by the loss. By filing a wrongful death claim, families can pursue justice and obtain the resources needed to cope with their emotional and financial burdens.
For over 40 years, families have trusted our firm for wrongful death lawsuits. We have an undefeated record in wrongful death litigation. Our success in securing maximum compensation speaks for itself. We are committed to getting the best results for you and your family.
If you believe your loved one’s death was the result of another person’s fault, contact Houston wrongful death lawyer Greg Baumgartner as soon as possible. We offer a free case evaluation and contingent attorneys’ fees.
Choose us for our proven results and experienced and dedicated legal team.
In Texas, only certain family members can file a wrongful death claim or survival action. These individuals include parents, children, and spouses of the deceased. Children and adoptive children, along with spouses, can qualify even if they were separated when the death occurred.
If none of these family members file a lawsuit within three months of the death, the executor or administrator of the estate may bring the claim. This can only happen if all the eligible family members agree not to proceed with the legal action themselves.
Knowing who can file a wrongful death claim and the executor’s role can help you manage the legal process in Texas more easily.
Houston fatal accident lawyer Greg Baumgartner discusses wrongful death cases in Texas.
Common Causes of Wrongful Death
Wrongful death can occur in various situations involving different circumstances and responsible parties. Some common causes of wrongful death include:
Understanding the cause of wrongful death is crucial in building a strong case and holding the responsible parties accountable.
Depending on the type of case, an investigation should start as early as possible.
Fatal accidents happen often in Texas, leading to thousands of deaths each year for various reasons. Here are some key statistics:
Car Accidents—In 2023, according to the Texas DOT, 4,283 lives were lost due to motor vehicle accidents in Texas, demonstrating the state’s serious road safety issues. Houston was responsible for 290 of those fatal accidents, while Harris County accounted for 323.
Workplace Accidents– In 2022, 578 people died from job-related accidents, according to the Texas Department of Insurance. These tragic incidents meant they never returned home from work.
Other Fatalities- Besides car and workplace accidents, many Texans also die from medical errors, unsafe conditions, and other causes.
These numbers reveal the serious problem of accidental deaths in Texas, highlighting the safety challenges that people face every day.
Since 1985, we have helped families who have lost a loved one in Houston and across Texas. Some recent results include:
$6 million settlement in Harris County for the family who lost a father and son due to a rear-end accident.
$5.7 million settlement in Harris County for the loss of a husband and father after he lost control of his big rig due to improper maintenance of the 18-wheeler.
$5 million settlement in Houston, for a car accident where the defense blamed the deceased spouse for causing the crash.
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Losing a loved one due to someone else’s negligence is a tragic experience. In Texas, wrongful death claims allow families to seek justice and compensation. To win a wrongful death lawsuit, you must prove four essential elements: Duty of Care, Breach of Duty, Causation, and Damages. Below, we detail each element and explain how to build a strong wrongful death case.
The first step in a wrongful death lawsuit is showing that the defendant owed a legal duty to the deceased. Duty of care refers to the obligation to act to prevent harm to others. Common examples include:
Drivers- A driver must obey traffic laws and drive safely.
In wrongful death cases, proving the existence and breach of a duty depends on the facts of your case. Our attorneys will work to prove your case and get justice for your losses.
A breach of duty happens when a person acts recklessly or negligently. Common examples are:
Failure to follow safety procedures at work. Violating a traffic law like driving under the influence.
The defendant’s actions must be shown to be unreasonable or negligent under the circumstances.
Next, you must prove that the defendant’s breach of duty directly caused the death of your loved one. This is called “causation”. You need to show that the defendant’s actions (or lack of action) led to the fatal incident.
For instance, if a trucking company fails to maintain its vehicles properly and the condition of the big rig causes an accident, its negligence is directly linked to the death. The connection between the breach and the fatality must be clear and undeniable.
The final element is demonstrating the damages caused by the wrongful death. Damages include both economic and non-economic losses. Examples include:
Funeral and medical expenses incurred due to the death
Lost income and support if the deceased was a primary wage-earner
Loss of companionship and emotional distress suffered by surviving family members
In Texas, damages can include financial compensation for tangible losses and emotional damages for the pain caused by the loss.
A successful wrongful death claim requires strong evidence to support each element. Key types of evidence include:
Hiring an experienced attorney as soon as possible will help them build your case and take action to preserve vital evidence.
Schedule a FREE Case Evaluation NowIn Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. This means that surviving family members must file their lawsuit within two years of the date of death; otherwise, they will be barred from bringing a claim. However, there are some exceptions to this rule, such as if the deceased person was a minor or if the surviving family members were mentally or physically incapacitated at the time of the death.
It’s worth noting that the statute of limitations can be complex and may vary depending on the specific circumstances of each case. Therefore, it’s essential to consult with an experienced law firm as soon as possible to ensure that your rights are protected and that you comply with the applicable statute of limitations. An experienced wrongful death attorney can guide you through the legal process, help gather necessary evidence, and ensure the claim is filed within the required timeframe.
After a fatal accident, the victims can’t defend themselves. This makes it easier for the party at fault to shift the blame onto the deceased. Understanding this tactic is important because it can impact the compensation the victim’s family receives.
Texas has a rule called modified comparative negligence. This means that more than one party, including the victim, can share some or all of the blame for an accident. If the victim is found to be less than 50% at fault, their family can still seek wrongful death or survival damages. However, their compensation is reduced by the percentage of fault attributed to the deceased. If the victim is assigned blame of 51% or more, the family in a wrongful death case is barred from getting damages in Texas. For this reason, insurance companies almost always try to blame the deceased.
In wrongful death cases, where a victim has died in an accident, figuring out who is at fault is key. If the victim is blamed, it can lower or even eliminate the compensation their family can receive. That’s why it’s crucial to fight against any attempts by insurance companies to shift blame onto the victim. Find the best attorney near you as soon as you can.
For over 40 years, we have challenged the defendant’s expected strategy of blaming the victim for causing the accident. Even in clear liability cases, insurance companies will often attempt to shift the blame to minimize their financial liability. We counter the tactic by building a strong case and highlighting the weaknesses in the defense arguments.
If a fatal accident occurs, be prepared for attempts to blame the victim. We are familiar with these tactics and are prepared to fight for your family.
Let Us Fight For Your Family
Our process for your wrongful death case is as follows:
Experience is key in winning wrongful death lawsuits. Our firm offers unmatched expertise on personal injury and wrongful death claims.
If you have lost a family member, call our Houston wrongful death law firm. Call a top-rated Houston wrongful death lawyer now for a FREE CONSULTATION!
The Texas Wrongful Death Act is in Chapter 71 of the Texas Civil Practice and Remedies Code.
Section 71.002 of the TCPRC explains who can bring a wrongful death claim in Texas. The surviving spouse, children, and parents can bring a Texas wrongful death claim.
Estates can make a claim. An executor or administrator of an estate may be appointed. They can bring a claim for the estate.
Section 71.004 allows for the recovery of damages.
Which includes the loss of:
If the victim survives, an estate can file a survival case to seek damages for the injury that occurred before the death.
Call our Houston wrongful death attorneys to explore your rights and options today.
Wrongful death compensation is meant to support surviving family members after losing a loved one. Wrongful death compensation can include damages for your losses. Pecuniary loss is the loss of care, maintenance, support, services, advice, counsel, and reasonable contributions that were lost with the death of your family member.
Texas wrongful death damages cover things like:
Survival action damages compensate for the pain and damage the deceased experienced before their death. If the person lived for a time after the accident, their estate may be able to seek survival damages. A Texas survivor claims a lawyer can assist with your lawsuit.
Survival cases can include compensation for:
The loss of a loved one is the most emotionally devastating experience any of us will have to endure. On top of that, the death of a family member can lead to big financial burdens.
The Texas wrongful death lawsuit is the mechanism to help families recover the compensation that they deserve. Such lawsuits hold the defendant and other responsible parties accountable for damages.
Here are the damages your family may recover:
Economic damages are meant to compensate for the measurable financial losses that result from the death of a family member. These damages cover the tangible costs that families face, including:
Economic damages after a fatal accident are easy to add up. But non-economic damages, which are usually the largest in most wrongful death lawsuits, are more subjective and harder to measure. Here are the non-economic damages available in a wrongful death case in Texas:
Mental Anguish and Emotional Damages
Loss of Companionship
Loss of Consortium
Loss of Parental Guidance
Punitive damages, also known as exemplary damages, are designed to punish particularly egregious behavior and deter similar actions in the future. In Texas, punitive damages may be awarded in wrongful death cases where the defendant’s actions were grossly negligent, reckless, or malicious, like a drunk driving accident.
While punitive damages are not available in every case, they play a crucial role in holding individuals and companies accountable for their wrongdoing. Our Houston wrongful death lawyer will talk with you about the accident. Get a free case evaluation on a fatal accident.
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Texas law places certain caps on punitive damages, but compensatory damages (both economic and non-economic) are generally uncapped. In most cases, punitive damages are limited to two times the amount of economic damages, plus up to $750,000 for noneconomic damages. However, these caps do not apply if the wrongful death resulted from a felony or particularly egregious conduct by the defendant.
The earlier you start investigating and building your case, the better. Obtaining skilled representation early allows your attorney to take steps to obtain and preserve vital evidence.
Filing a wrongful death lawsuit can help grieving families achieve justice and financial stability. Holding negligent parties accountable, families can recover compensation for medical bills, funeral expenses, lost income, and emotional distress. In some cases, punitive damages may further reinforce the severity of the defendant’s actions.
If you have lost a loved one due to someone else’s negligence, we are here to guide you through every step of the legal process and fight for the compensation your family deserves.
Baumgartner Law Firm has helped families get full compensation after a fatal accident since 1985. We have never lost a wrongful death case and have secured hundreds of millions of dollars for our clients.
Contact us today to discover how we can assist you in achieving justice and financial recovery. Our office is ready to provide a free consultation and start building your case immediately.
Overall rating: ★★★★★
“One of the kindest knowledgeable lawyers in the Houston area! I highly recommend coming to Baumgartner law firm first. He is caring prepared and has helped me through my case he is quick and efficient”
– Isabel
Overall rating: ★★★★★
“Baumgartner Law Firm has been wonderful to work with. Greg is very knowledgeable, and after my motorcycle accident it was comforting to know my lawyer was actually on my side. I wouldn’t recommend anybody else!”
– Adam
Overall rating: ★★★★★
“I just want to start by saying I’m very thankful and appreciative of the hard work and effort that was put into my case. I’ve received a GREAT amount of money”
-Enavi
Since 1985, Greg Baumgartner at Baumgartner Law Firm has helped many Texas families after a loved one’s death. We file wrongful death suits for beneficiaries after a victim dies in an accident. Since then, we have remained undefeated in wrongful death lawsuits.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
If you have questions about what you can do to get justice for your loss or how to make a wrongful death claim, call us for a free consultation. We can answer your questions and outline your rights and options. Acting quickly after the loss of a loved one can be a difficult thing to do, but it is the right thing to do for your family.
Yes, we have won many fatal accidents caused by drunk drivers. The drunk driver going to jail doesn’t help the family. We will investigate the case to see if anyone else may be liable.
A wrongful death lawsuit is a civil case. It involves proving negligence or gross negligence. District Attorneys handle criminal charges for crimes like driving drunk or manslaughter. These two cases are separate. Someone can be liable for wrongful death even if they escape conviction on criminal charges. Contact us to talk about your loss.
In a wrongful death settlement, the money can be divided by agreement. Or among families, where a judge or jury makes a decision. The key factor is the closeness of each family member to the deceased. The closer the relationship, the larger the potential damages. In our experience, money usually goes to family members in this order:
No, siblings can’t participate in a Texas wrongful death lawsuit by statute. Only parents, spouses, and children can file wrongful death claims in Texas.
Punitive damages are appropriate when actions are outrageous. For example, if someone gets drunk and causes a fatal accident. That can be gross negligence. Call us to discuss your case with top-rated Houston lawyer for a fatal accident.
The length of a wrongful death suit can vary from six months to two years or more. If the insurance coverage is limited, the case may be resolved quickly. Disputes about fault or cases multiple defendants take longer.
Yes, in Texas, an executor can file a lawsuit on behalf of the surviving family members. However, each family member can bring a wrongful death lawsuit themselves.
Financial worries can make it hard to seek legal help after losing a loved one. That’s why our attorney only gets paid if we win your case. This way, you don’t have to stress about fees upfront.
With our contingency fee system, we’re fully committed to your case. Our firm covers all the costs to investigate and pursue your claim, so you won’t need to pay for anything out-of-pocket. Our goal is to give you the best legal support without adding financial stress during this tough time.
You can be confident that we only get paid if we win. If we successfully secure a settlement or win in court, we’ll take a percentage of the money as our fee. Any expenses we covered during the legal process will also be reimbursed from the settlement. This fee arrangement ensures that we’re motivated to achieve the best outcome for you, as our success depends on yours.
If we don’t win, you owe us nothing. We’re dedicated to providing top-notch legal representation without any financial risk to you. We’re committed to fighting for justice and holding those responsible accountable without adding to your financial burden.
When you choose us for your wrongful death claim, you can trust in our transparent approach to costs. We focus on your best interests and work diligently to achieve the best possible outcome. You won’t have to pay any fees unless we win money for you. Let us take care of the legal details while you focus on healing and moving forward.
Contact Baumgartner Law Firm today at (281) 587-1111. Families have trusted our law firm in Houston for decades after losing a loved one. We will guide you through the necessary steps and assist in filing your claim.
Yes, you do. While it is possible to sue without an attorney, it isn’t easy. The odds are stacked against you. We recommend getting an expert fatal accident attorney. The earlier you get an experienced lawyer, the better.
We serve the greater Houston area and also the rest of Texas.
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