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Have you lost a family member in an accident in Houston, Texas? If you’re seeking justice and compensation for your loss, finding a Houston wrongful death lawyer can be a crucial step.
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 top-rated wrongful death attorney in Houston, TX, Greg Baumgartner has been helping families in Texas for 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.
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 are undefeated 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 need an award-winning fatal accident attorney in Houston can help. Here is why we are a good choice for your attorney.
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 accounted for 290 of those fatal accidents, while Harris County had 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.
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 can sometimes be easy, like a driver running a red light. In others like construction accidents, proving a legal duty can be more complex.
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, 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 the surviving family members must file their lawsuit within two years of the date of death, or 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 case’s specific circumstances. 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 dattorney 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 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%. 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.
Hiring experienced attorneys to combat these blame tactics is important. Our lawyers can gather evidence, recreate the accident scene, and bring expert witnesses. We aim to build a strong case and challenge claims that suggest your loved one was at fault, which can help maximize your compensation. Your lost family member can’t tell their side of the story. Making strong evidence against the defendant vital
If a fatal accident occurs, be prepared for attempts to blame the victim. We know 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 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. A Texas survivor claims lawyer can assist with your lawsuit.
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 due to the decedent’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 the family’s primary source of income. 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 contributed to an estate or inheritance over their lifetime, the surviving family members may recover compensation for losing 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 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. 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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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 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. Getting skilled representation early lets your attorney take steps to obtain and preserve vital evidence.
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.
Schedule a Free Consultation Now!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 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 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 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.
We serve the greater Houston area and also the rest of Texas.
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