Wrongful Death Lawyer Houston, Texas
Get Free Consultation Now
Do You Need a Houston Wrongful Death Attorney?
With over 35 years of experience, our Houston wrongful death lawyer has successfully represented numerous families in such cases. Importantly, we’ve never lost a wrongful death lawsuit! Reach out to us for a free consultation regarding your wrongful death case.
We’ve secured numerous multi-million-dollar results in wrongful death lawsuits across Texas, stemming from various accidents, including car crashes, 18-wheeler collisions, and incidents involving drunk driving.
Contact us today to understand your rights and options. Allow us to pursue justice on your behalf so you can focus on healing and grieving with your family while we handle your wrongful death claims.
Greg Baumgartner, our leading wrongful death attorney, has received recognition from reputable organizations such as Super Lawyers, Top 100 Personal Injury Lawyers, Martindale Peer Review Ratings, and many others.
What is a Wrongful Death?
Wrongful death occurs when someone passes away due to another party’s negligence. A fatal accident can lead to a legal claim brought forth by the surviving family members or beneficiaries of the deceased individual.
In simpler terms, negligence means that the responsible party failed to fulfill their duty, which directly led to the death of the person.
These cases are handled separately from any criminal charges that might be pending. While the family may have some input in criminal proceedings, the authorities ultimately decide criminal charges.
Understanding that criminal and civil cases are treated differently in Texas is essential. Criminal courts focus on punishment, while wrongful death claims are civil cases aimed at compensating the family for their loss.
The purpose of a wrongful death claim is to seek damages through a civil suit. This compensation aims to alleviate the financial burden and emotional suffering experienced by the family due to the loss of their loved one.
It’s crucial to seek the assistance of an experienced wrongful death lawyer if you’ve lost a family member due to someone else’s actions. Our expert wrongful death lawyer can help you pursue the compensation you deserve.
Who Can File a Wrongful Death Claim in Texas?
Texas wrongful death beneficiaries are the immediate family members. Spouses, children, and parents.
Why Hire Baumgartner Law Firm for Your Houston Wrongful Death Case?
At Baumgartner Law Firm, we empathize with the profound impact of losing a loved one due to someone else’s wrongful actions. Our Houston wrongful death attorney is here to offer you the skilled representation you need during this challenging time.
When you engage our services, our attorney becomes your dedicated advocate, managing all interactions with insurance adjusters, defendants, and their legal representatives. Working on a contingency basis means you won’t owe us anything unless we win your case, allowing you to focus on healing without financial stress.
Choosing the right attorney for a Houston wrongful death claim is crucial due to the complexities of proving negligence without the direct testimony of the deceased. Our experienced team thoroughly investigates to gather evidence, identify liable parties, and preserve vital information.
Beyond seeking justice, we understand that monetary compensation can’t replace your loved one. However, it can help address your family’s future needs. Our attorney will tirelessly pursue the compensation you deserve while providing compassionate support and guiding you through the legal process.
With over 35 years of experience, families across Texas have trusted our law firm to handle wrongful death lawsuits successfully. Our track record speaks for itself, and we’re committed to securing the maximum benefits for you and your family.
To begin your journey toward justice, contact our top-rated Houston personal injury lawyer today at (281) 587-1111 for a free consultation. Our attorney is ready to listen, support, and provide you with the dedicated legal representation you deserve.
Here’s a summary of our expertise in wrongful death cases:
– Peer-reviewed preeminent wrongful death attorney in Houston
– Holder of double law degrees
– Over 35 years of experience in fatal accident cases
– Graduate of Trial Lawyers College
– Representation on a contingency fee basis
– Undefeated in wrongful death cases
– Track record of exceptional results
What are the Most Common Causes of Wrongful Death in Texas?
Different types of wrongful death cases in Houston may involve different ways of proving negligence or other wrongful acts. Here are some primary causes of fatal accidents in Houston, Texas:
1. Dangerous Products: Fatalities can occur due to defective products lacking proper safety warnings, such as faulty appliances, poorly designed vehicles, or certain pharmaceutical drugs.
2. Car Accidents: These are the leading cause of fatal accidents, usually due to another driver’s negligence, like reckless driving, running red lights, tailgating, rear-ending, or driving under the influence.
3. 18-Wheeler Accidents: Collisions involving large trucks can be fatal due to their size.
4. Construction Accidents: Houston’s growth has led to more fatal accidents at construction sites, often preventable by following OHSA rules, with falls being a major cause of death.
5. Motorcycle Accidents: Motorcycle accidents are common in Houston’s congested traffic, often because other drivers fail to see motorcyclists.
6. Drunk Driving Accidents: Harris County leads Texas in alcohol-related car crashes and fatalities, highlighting the impact of drunk driving on fatal accidents.
7. Overserving at Bars: Bars that overserve patrons contribute to drunk driving accidents, leading to legal cases against them.
For help with wrongful death cases in Houston, individuals can seek assistance from our experienced lawyers familiar with various fatal accident types.
How to Prove Negligence in a Wrongful Death Lawsuit in Texas?
In Texas, proving wrongful death requires three key elements:
1. Duty owed to the deceased, such as ensuring safety or following traffic laws.
2. Breach of that duty, where someone fails to act as they should have to prevent harm.
3. The negligent actions of the responsible party must directly cause the death.
To pursue a wrongful death claim in Texas, it’s crucial to consult experienced lawyers promptly, like those at Baumgartner Law Firm in Houston. Compensation aims to address the family’s losses and emotional suffering due to the loss of their loved one.
With over thirty-five years of experience, Baumgartner Law Firm has a successful track record in securing full compensation for Texas families in wrongful death cases.
What Will Our Houston Wrongful Death Attorney Do For Your Family?
To ensure a strong case for your wrongful death claim, our process includes:
Our attorney promptly investigates the accident, locating witnesses and gathering crucial evidence such as vehicle inspections for motor accidents or product history for product liability cases.
Preservation of Evidence
We ensure all relevant evidence is preserved to support your case and secure the compensation you deserve.
Acting as your advocate, we deal with defendants and insurance companies on your behalf, drawing on over three decades of experience in wrongful death lawsuits.
Filing your Lawsuit
If negotiations fail, we proceed to file a wrongful death lawsuit and present your case to a jury in Houston, TX, relying on our extensive experience to maximize your chances of success.
Experience is key in wrongful death lawsuits, and our firm offers unmatched expertise to effectively guide you through the process.
How the Texas Wrongful Death Statute Impacts Cases
The Texas Wrongful Death Act, which provides your civil remedies, is codified in Chapter 71 of the Texas Civil Practice and Remedies Code.
Section 71.002 of the Texas Civil Practice and Remedies Code defines who can bring a wrongful death claim in Texas. The deceased person’s surviving spouse, children, and parents may bring a wrongful death claim. An executor or administrator of the deceased person’s estate may also bring the claim on behalf of the estate.
Section 71.004 provides for the recovery of damages, including loss of companionship, society, love, affection, loss of inheritance, mental anguish, and loss of consortium.
The deceased person’s estate may also recover personal injury damages before the victim’s death in a survival action.
How are Survival Claims Different than Wrongful Death in Texas
Survival actions can recover damages where the loved one survived the accident and later passed away from his injuries. A survival claim differs 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.
What Are Wrongful Death Damages in Texas
Wrongful death law allows claims brought for their loss from the death of a loved one. Some examples of wrongful death claims for damages include:
- Pecuniary losses. Including loss of care, maintenance, support, services, advice, counsel, and any contribution you reasonably would have received from the decedent.
- Loss of companionship and society or consortium. 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 in exceptional cases. 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. See our results page for some recent wrongful death case results.
What is the Time Limit for Seeking Justice - Texas Wrongful Death Statue of Limitations?
Texas has a time limit to bring a wrongful death claim. The general wrongful death statute of limitations in Texas is in Texas Civil Practices and Remedies Code Section 16.003. Which law provides a 2-year time limit to bring a lawsuit for wrongful death damages.
The longer the delay after the accident in hiring an attorney, the more difficult it becomes to gather needed evidence. Waiting makes it harder to locate witnesses. Significant evidence such as “black box” or computer data after a motor vehicle accident may be destroyed or lost. Waiting can hurt your case and hamper your attorney.
How Can a Wrongful Death Attorney at Baumgartner Law Firm Win My Case?
Baumgartner Law Firm is renowned as one of Texas’s premier personal injury firms, boasting over three decades of experience protecting families’ interests with top-rated wrongful death lawyers.
Our undefeated Houston wrongful death lawyer offers expert case evaluation and a compassionate approach, treating clients like family. We specialize in proving negligence in wrongful death cases, whether caused by running a red light or failing to maintain a safe workplace.
Our thorough investigation process aims to establish a clear link between negligence and the loss of your loved one, ensuring you receive the compensation you deserve. Trust our firm’s extensive experience and unwavering dedication to guide you through seeking justice for your loved one’s wrongful death. Contact us today for a free consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Wrongful Death Resources:
Baumgartner Law Firm Wrongful Death Frequently Asked Questions
In Texas, proving wrongful death means proving negligence led to the death of your family member. Negligence means that the person who caused the accident owed a duty to act reasonably and then acted in a way that is different from a reasonable person. Negligence can include running a red light, driving drunk, violating a statute or law, or failing to maintain a safe workplace.
Yes, at Baumgartner Law Firm, we have had many fatal accidents caused by drunk drivers. While the drunk driver will probably end up in jail, having the drunk driver behind bars does little to help the family's financial situation after a fatal accident. A civil wrongful death case is the mechanism that provides compensation for the family after the death of a loved one. Our firm has handled numerous wrongful death cases for families who lost a loved one in a drunk driving accident.
A wrongful death lawsuit is a civil case. In contrast, criminal charges such as murder are criminal cases handled by the District Attorney. These two cases are separate; a person can be liable for a wrongful death and still be found innocent of criminal charges such as murder.
Parents, children, and spouses in Texas can sue for wrongful death. Often, multiple family members are plaintiffs in a wrongful death lawsuit. Each plaintiff can have their own attorney.
Settlement proceeds are divided by agreement or set by judge or jury award. Generally, the closeness of the relationship to the deceased is a substantial factor in the amount of compensation for any individual plaintiff.
By statute, siblings are not a class of beneficiaries who can file a wrongful death case in Texas. Only parents, spouses, and children can file a wrongful death case in Texas.
A wrongful death case in Texas is defined in the Texas wrongful death statute. Close family members can file a wrongful death lawsuit if the death is caused by negligence or other wrongful acts by either a person or corporation.
The general statute of limitations is two years from the accident date. There are exceptions to the general statute of limitations, and consulting with a personal injury attorney should be done as soon as possible.
Punitive damages are appropriate when the acts of the negligent party or especially outrageous or dangerous. A good example would be when a person gets drunk, gets behind the wheel, and causes a fatal accident. If the conduct is particularly dangerous, punishable damages are available to some plaintiffs in a wrongful death lawsuit. However, punitive damages are not allowed in wrongful death cases unless the defendant acted willfully, with malice, or was grossly negligent.
Survival claims are personal injury damages of the deceased before they perish. If someone lived for a time after the accident, their estate would be entitled to seek survival damages for pain and suffering, medical expenses, mental anguish, disability, disfigurement, and other personal injury damages.
Wrongful death damages are for the loss of the relationship with the deceased. Damages would include loss of consortium, financial assistance, advice and counsel, and other damages unique to the relationship between the parties.
A wrongful death case can take anywhere from six months to several years. If the insurance coverage is limited, a case may be resolved quickly. If there are issues regarding liability, who is responsible, or if there is substantial insurance coverage, the case can take one to two years. Disputed liability or multiple defendants can prolong a case.
In Texas, an executor of the deceased person's estate can bring a lawsuit on behalf of the surviving family members. However, each eligible family member can also bring a wrongful death lawsuit themselves.
Compensation for a wrongful death case is based upon the deceased's relationship with each family member who is a party to the lawsuit. The closer the relationship, the larger the potential there is for damages. Generally, and priority of amounts, larger claims usually go to these family members in this order—spouses, minor children, parents of minor children, adult children, and finally, parents of adult children.
Our staff is here to help you through this difficult time. We understand the stress involved in wrongful death cases and will provide guidance and support every step of the way. You can rely on us to handle all the legal aspects of your case so you can focus on healing after your loss. You will be treated with compassion and can rely on our law firm.
Who will communicate with insurance companies, other wrongful death attorneys, and the responsible party?
Baumgartner Law Firm will handle all communications with insurance adjusters, defendants, and their lawyers. From the moment you hire us, we become your spokesperson and advocate. With over 35 years of experience, we are uniquely qualified to handle your wrongful death claim.
At Baumgartner Law Firm, we understand your financial concerns when seeking legal representation for a wrongful death claim. That's why our dedicated wrongful death attorney works solely on a contingency fee basis. This means you won't have to worry about paying fees unless we win your case. Then, the fees come out of the money collected in your case; we believe in fighting for justice without placing any upfront financial burden on our clients. Our contingency fees start at 1/3 of any gross recovery and no fee is due unless you get money.
With our contingency fee arrangement, you can have peace of mind knowing that we are fully invested in your case. Our firm will cover all the costs of investigating and prosecuting your claim, so you don't have to worry about case expenses. Our goal is to provide you with the highest quality legal representation without adding any financial stress during this challenging time.
Rest assured that our attorneys only get paid by winning your case. If we successfully obtain a settlement or a favorable resolution in court, we will take a percentage of the recovery as our fees. Additionally, our out-of-pocket expenses incurred throughout the legal process will be reimbursed from the awarded amount. This ensures that our interests are aligned with yours, as we are motivated to secure the best possible outcome for you.
In short, you will pay us nothing if you do not get money!
To initiate the process, contact our preeminent rated Houston personal injury lawyer today at (281) 587-1111 for a free consultation. Our law firm has been trusted by families after the loss of a loved one for over three decades. We will guide you through the necessary steps and assist in filing your claim.
Wrongful death suits may cover various types of damages, including funeral and burial expenses, lost benefits, lost earnings and support, medical expenses left behind by the deceased, and mental and emotional anguish. These damages aim to compensate surviving family members for their losses. If the deceased initially survived the accident, personal injury damages suffered before death can be sought in a survival claim in a wrongful death case.
In cases with multiple beneficiaries, the damages are typically distributed based on the relationship to the family member. Generally, in the order of priority: spouses, minor children, adult children, and parents of an adult child. If your case goes to trial, damage questions are submitted relating to each legal beneficiary who is part of the case. In other words, the jury will decide the amount of damages individually for each person bringing a claim. In the case of a case settlement, family members may agree on a division of the money.
The settlement amount in a wrongful death suit is determined through a complex calculation by experienced wrongful death attorneys. This evaluation considers various factors, such as liability, insurance coverage, the deceased individual's earning capacity and financial contributions, life expectancy, and other individual-specific factors that may vary in each case. The more experienced the attorney you have to represent your family, the better. Contact Baumgartner Law Firm for a case evaluation with out cost.
What are the specific components that are taken into consideration by Texas courts when determining damages in wrongful death lawsuits?
Texas Courts consider several components when determining damages in wrongful death cases. These include funeral and burial expenses, loss of companionship, love, affection, care maintenance support, services, advice, counsel, loss of inheritance, financial support, and emotional anguish. In a wrongful death lawsuit, it is the loss sustained by each immediate family member that is measured for damages. Generally, the closer the relationship, the higher the damages.
Our experienced Houston wrongful death attorney will inform you and your family about your rights and options by providing clear and comprehensive explanations. We will educate you on the legal aspects of your case, including potential legal remedies, available compensation, and the process of pursuing a wrongful death claim. We will ensure that you thoroughly understand your rights and can make informed decisions regarding your case.
What role does your experienced and aggressive Houston wrongful death attorney play in getting vital evidence?
Our law firm has been trusted to win wrongful death lawsuits for families in Houston and across Texas for over 35 years. After being hired by you, our first step is to launch an investigation to get evidence to win your case and identify any persons or companies responsible for your tragic loss. Sometimes, the investigation can be extensive and require our hiring investigators and experts. Other cases may not require full-blown investigations. In our initial consultation, we will outline our steps for you.
When you hire our experienced Houston wrongful death attorney at Baumgartner Law Firm, we will start the investigation by gathering the necessary evidence to support your case. This investigation is crucial to building a strong case and obtaining the maximum benefits you and your family are entitled to due to your loss. Texas ethical standards require signing a retainer agreement before an attorney can represent you on a contingency fee basis.
Various individuals can pursue a survival claim on behalf of the deceased person. Those who may have the right to file a survival claim include heirs and legal representatives of the deceased person's estate. It is crucial to understand that determining who qualifies as an heir is based on Texas law, not necessarily on what is stated in the deceased person's will. Call Baumgartner Law Firm for a free constitution on your rights and options after losing a family member.
While it is technically possible to file a lawsuit without an attorney, it isn't easy to do, and the odds are stacked against you. We recommend getting an expert fatal accident attorney as soon as possible. The earlier you retain a skilled attorney, the better. Some cases require extensive investigation and actions to preserve vital evidence.
Baumgartner Law Firm accepts wrongful death cases on a contingency fee basis. This means you pay nothing upfront to get us started on your case. We advance the lawsuit costs needed to advance your case, and we are only paid if you get money. Our fees start at 1/3 of the gross money recovered in the case.
For a free consultation Contact Us Today
for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
Houston Personal Injury Victim
FOR A FREE CONSULTATION