Houston Wrongful Death Lawyer

When dealing with the grief and pain from your loss, the last thing on your mind is trying to hire an attorney.  Yet, that is what you should immediately consider.  At Baumgartner Law Firm, we understand your grief and want you to focus on healing while we take the steps necessary to protect your best interests.  Put our 35 years of experience to work on your case. Call us at (281) 587-1111 for a free consultation.

We have been widely recognized as among Texas’s best personal injury lawyers. Our wrongful death attorneys have over 35 years of experience. Our law firm will represent you on a contingency fee basis. We charge no costs upfront, and no fee will be paid unless we put money in your pocket.

We are undefeated in wrongful death cases. We care, treat our clients like family, and understand the trauma of your loss. Our list of multi-million-dollar wrongful death wins is extensive. Only a top-rated Houston wrongful death lawyer will work your case. Your family will receive the personal attention you deserve.

• Investigation of the accident.
• Identifying potential defendants who may be legally responsible for the accident.
• Obtain and preserve vital evidence.
• Documenting the financial or economic losses and the impact on the family from the loss.
• Evaluation of courts where a wrongful death lawsuit may be filed.
• Negotiating with the defendant’s insurance companies to protect the family’s financial future.
• Documenting each person’s relationship with the deceased.
• Filing a wrongful death lawsuit when necessary.
• Doing whatever it takes to win your case!

Wrongful death lawsuits are civil matters that a family prosecutes for damages after a loved one’s death. A wrongful death lawsuit is separate from any pending criminal charges. A family may have input with the District Attorney on how a criminal case may proceed. But the criminal charges for the death of a family member are in the hands of the authorities and not the family.

Criminal and civil cases in Texas are separate. Criminal courts are for punishment, and personal injury or wrongful death lawsuits are civil cases are for compensation! Wrongful death in Texas is like a personal injury claim and seeks to compensate the family with damages for the loss of their loved one by a civil suit. If someone else’s negligence caused the death of your family member, a jury or a settlement determines damages from the responsible party.

The wrongful death case is independent of any criminal charges.

Survival actions can recover damages where the loved one survived the accident and later passed away from his injuries. Survival claims differ from wrongful death claims.  Survival claims relate to the personal injuries of the deceased before they died.  In Texas, a survival claim is the personal injury claim of the deceased before death.  

A survival case is viewed from the perspective of the deceased for damages. Survival cases address compensation for the estate as if the decedent had lived, such as pain and mental anguish, disability, disfigurement, medical expenses, and funeral and burial expenses.

Wrongful death lawsuits are claims brought for their loss from the death of a loved one.  Some examples of wrongful death damages include:

• Pecuniary losses include loss of care, maintenance, support, services, advice, counsel, and any contribution you reasonably would have received from the decedent.
• Loss of companionship and society refers to the family losing love, comfort, and companionship because of death.
• Mental anguish refers to the emotional pain and suffering you have from the death of a loved one.
• Loss of inheritance – This is the present value of assets the decedent would have left to you as part of their estate.

Punitive or exemplary damages may be available sometimes, but only where the death was caused by a “willful act or omission or gross negligence of the defendant.”  (Tex. Civ. Code Title 4 Sec. 71.009). We have won countless huge settlements for families who have lost a loved one.  Check out our results page for some recent examples of wins by a Houston wrongful death attorney at Baumgartner Law Firm.

No- most Houston wrongful death suits settle before trial. Some settle before a lawsuit has been filed. Many factors go into consideration by both the family and insurance companies regarding a settlement. However, most cases with substantial insurance coverage will result in a lawsuit. Nevertheless, most wrongful death cases settle before a jury verdict! Get started right away, call a wrongful death lawyer near me at Baumgartner Law Firm.

Each family member who can bring a wrongful death case in Texas has their damages determined based on their relationship with the deceased. If the case settles, an agreement would have been reached on the individual claims. If the case goes to trial, a jury would decide damages for each plaintiff. 

Historically, the closer the relationship with the deceased, the more compensation. For wrongful death, spouses usually get the most money. Followed by minor children, adult children, and parents of adult children. For any wrongful death case in Texas, the personal relationship with the deceased is the controlling evidence for damages. 

Baumgartner Law Firm has been repeatedly recognized as one of Texas’s best personal injury law firms. Over three decades of experience protecting the best interests of families with wrongful death in Texas. Our undefeated Houston wrongful death lawyer has the case expertise your case deserves. Best of all, we treat you like family! Our aggressive approach to holding the responsible party accountable has been tested and fine-tuned! For over 35 years, we have remained undefeated in wrongful death lawsuits.