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Have you lost a family member in an accident in Houston, Texas? Finding a Houston wrongful death lawyer may be on your mind to seek justice and compensation.
Our experienced Houston wrongful death attorney can help you during this difficult time. While no amount of money can replace your loved one, it can ease your financial stress.
At Baumgartner Law Firm, we understand your pain. Our experienced wrongful death attorney has been helping families in Texas for almost four decades. We know how to win wrongful death cases to get you the compensation you deserve.
If someone caused your loved one’s death because of carelessness, we can help. This could happen in a car accident. We are here to support you during this tough time. We will guide you through every step of the legal journey. There are many different types of causes of personal injury accidents that may cause the loss of your loved one, like truck accidents, construction site accidents, car accidents and many other types.
You don’t have to go through this alone. Contact us for a free consultation to discuss your options. Our compassionate team is available 24/7 to assist you.
For justice and compensation, call our Houston wrongful death attorneys. We will fight for you and honor your loved one’s memory.
At a time of great stress and sorrow, Consulting with an experienced wrongful death attorney can be critical to protecting your family’s financial future. We know the pain and grief of losing a loved one.
Yet, at this time, you should act for your family. When an accident in Houston causes death, it is critical to get the evidence needed to win your case. We know how to find the evidence to make a strong case.
Insurance companies faced with a wrongful death claim will often try to low-ball you. Getting an experienced wrongful death attorney helps ensure your family gets the full compensation it deserves.
Getting the best legal representation does not cost you anything upfront. We only get paid if we win your case and put money in your pocket. Contact Baumgartner Law Firm to learn about your rights and options and how we can help you.
Our Top-Rated Houston Wrongful Death Lawyers have been trusted to get maximum compensation for families for over 35 years!
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For over 38 years, families have trusted our firm for wrongful death lawsuits. Our success in securing compensation speaks for itself. We are committed to getting the best results for you and your family.
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Wrongful death is when someone dies because of another person’s carelessness. A wrongful death is a legal claim for wrongful death compensation. The surviving family members can make a claim.
The family must prove negligence. Negligence is showing what the other party did wrong that caused the death.
Wrongful death cases are civil cases for damages. Civil cases are separate from criminal charges. The authorities decide on criminal charges, and families can bring a lawsuit.
The goal of a wrongful death claim is to collect money through a lawsuit. An experienced attorney is necessary to win a case. We can help you get the compensation you deserve.
Call us for a free case assessment.
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 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 wrongful death attorney Greg Baumgartner discusses wrongful death cases in Texas.
Finding the best wrongful death lawyer near you can be challenging, but there are a few steps you can take to ensure you make the right choice. First, research local law firms specializing in wrongful death cases. Look for lawyers with a strong reputation and significant experience handling these cases.
Online reviews and ratings on legal websites show how previous clients feel about the services they received.
Next, consider asking for recommendations from people you trust. Friends, family members, or colleagues in similar situations may know a good lawyer. Personal referrals can often provide valuable insights that you won’t find online.
After making a list of possible lawyers, set up meetings with them. First, make a list of potential lawyers. Then, schedule meetings with them. Ask about their experience with wrongful death cases. Find out their success rates and their approach to handling your case.
Finally, consider the lawyer’s fees and payment structure. Many wrongful death lawyers work on a contingency basis, meaning they only get paid if you win your case. Make sure you fully understand their fee arrangement before making a decision.
To find a good wrongful death lawyer, follow these steps to ensure they are experienced, reliable, and can manage your case well.
At Baumgartner Law Firm, we handle all types of wrongful death cases. Including the following:
Depending on the type of case, a review 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 Texas DOT, Texas saw 4,283 lives lost due to motor vehicle accidents, showing the state’s serious road safety issues.
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.
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 means the obligation to act to avoid harm to others. Common examples include:
Drivers- A driver must obey traffic laws and drive safely.
Employers- An employer must maintain safe working conditions for employees.
Contractors- People in charge of safety at a construction site must follow OSHA safety regulations.
In wrongful death cases, proving the existence of a duty is usually straightforward.
Once you establish that the defendant had a duty of care, the next step is proving they breached it. A breach occurs when the defendant’s actions or inactions fail to meet the expected standard of care. Examples include:
Reckless driving (e.g., driving under the influence or speeding)
Failure to follow safety procedures at work
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, their 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 both 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:
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 affect the compensation the victim’s family can receive.
Texas has a rule called modified comparative negligence. This means that more than one party, including the victim, can share the blame for an accident. If the victim is found to be less than 50% at fault, their family can still seek damages. However, their compensation is reduced if the victim is assigned any blame under 51%.
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.
Hiring experienced wrongful death attorneys to combat these blame tactics is important. These lawyers can gather evidence, recreate the accident scene, and bring expert witnesses. Their goal is to build a strong case and challenge claims that suggest your loved one was at fault, which can help maximize your compensation.
If a fatal accident occurs, be prepared for attempts to blame the victim. Understanding these tactics and getting qualified legal help quickly can make a big difference in achieving justice and financial support 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 attorney. Call us 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 the claim for the estate.
Section 71.004 allows for the recovery of damages.
Which include the loss of:
If the victim survived, an estate can file a survival case to seek injury damages 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.
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 could seek survival damages.
Survival cases can include compensation for:
Losing a loved one due to another’s negligence is an overwhelming experience that no family should have to endure. Beyond the emotional devastation, many families are left facing substantial financial burdens. In Texas, a wrongful death lawsuit can help families secure the compensation they deserve, allowing them to hold the responsible parties accountable. Below, we provide a detailed overview of the damages available in wrongful death cases and the critical factors that affect the compensation families can seek.
A wrongful death claim arises when the negligent, reckless, or intentional actions of another cause a person’s death. The family of the decedent (the person who passed away) has the right to seek compensation for their loss, including both financial and non-economic damages. Although no amount of money can fully replace the loss of a loved one, obtaining a fair financial recovery can ease the burdens faced by surviving family members during an already difficult time.
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:
Medical Expenses
Any medical bills incurred as a result of the deceased’s final illness or injury are recoverable. This includes emergency care, hospital stays, surgeries, medications, and other treatments leading up to their passing.
Funeral and Burial Costs
Funeral expenses, including burial or cremation costs, are also recoverable in a wrongful death suit. These expenses can often place a sudden and significant financial strain on grieving families.
Loss of Financial Support
The financial impact can be substantial when the deceased was a primary source of income for the family. Families can recover the income that the deceased would have earned had they lived, including wages, potential bonuses, and raises. The future earnings are calculated based on the deceased’s expected work life and career trajectory.
Loss of Inheritance
If the deceased would have contributed to an estate or inheritance over their lifetime, the surviving family members may be able to recover compensation for the loss of that potential inheritance.
Loss of Household Services
Beyond financial contributions, the deceased may have provided essential household services, such as childcare, home maintenance, or other tasks that now need to be outsourced or restructured. Families can seek compensation for the loss of these valuable services.
While economic damages are easily quantifiable, non-economic damages are more challenging to measure but no less important. These damages are designed to compensate for the emotional and psychological losses that surviving family members endure due to their loved one’s passing.
Mental Anguish and Emotional Distress
The pain of losing a loved one cannot be overstated. Surviving family members, including spouses, children, and parents, may seek compensation for the mental anguish, grief, and emotional suffering caused by the death.
Loss of Companionship
The loss of the deceased’s companionship, guidance, and support can be profoundly felt. Spouses, children, and parents can recover damages for losing the love, comfort, and relationship the deceased provided.
Loss of Consortium
Spouses may seek damages for the loss of the marital relationship, including loss of affection, comfort, companionship, and sexual relations.
Loss of Parental Guidance
When the deceased was a parent, their children may be compensated for the loss of parental guidance, nurturing, and education they would have received if their parent had lived. This type of compensation reflects parents’ critical role in shaping their children’s futures.
Punitive Damages- Holding the Negligent Party Accountable
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 are important in holding individuals and companies accountable for their wrongdoings.
The Deceased’s Age, Health, and Life Expectancy
The deceased’s age, health, and expected lifespan are critical factors in determining the value of damages, especially for lost income and services. Younger, healthier individuals often result in higher compensation for lost future earnings.
The Relationship to the Deceased
The closeness of the relationship between the deceased and the surviving family members can influence non-economic damages. For example, a spouse or child’s loss of companionship may be valued more significantly than a more distant relationship.
The Circumstances of the Death
If the death was caused by especially reckless or malicious behavior, it can affect both compensatory and punitive damages. For example, a fatal accident caused by drunk driving or gross negligence may result in higher punitive damages.
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 non-economic damages. However, these caps do not apply if the wrongful death resulted from a felony or particularly egregious conduct by the defendant.
Filing a wrongful death lawsuit can help grieving families achieve justice and financial stability. Holding the negligent parties accountable, families can recover compensation for medical bills, funeral costs, lost income, and emotional suffering. 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.
Our legal team understands the complexities of wrongful death claims and the deep emotional toll it takes on families. We are committed to providing compassionate support while aggressively pursuing the maximum compensation for your losses. With extensive experience in Texas wrongful death lawsuits, we have a proven track record of securing favorable outcomes for our clients, including significant punitive damages when applicable.
Contact us today to learn how we can help you achieve justice and financial recovery. Our office is ready to provide a free consultation and start building your case immediately.
If you have a wrongful death case, call our Houston wrongful death attorneys for a FREE CASE REVIEW.
Texas provides a 2-year time limit for bringing wrongful death or survival claims. The clock starts from the date of the accident.
The general statute of limitations for wrongful death and survival lawsuits is in TCPRC Section 16.003.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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 with a decision by a judge or jury. The key factor is how close each family member was 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 wrongful death attorneys.
The length of a wrongful death suit can vary from six months to a year 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.
At Baumgartner Law Firm, we know that financial worries can make it hard to seek legal help after losing a loved one. That’s why our wrongful death 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 get the best outcome for you because 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 hard to get the best possible result. 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 after losing a loved one for over three decades. 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.
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