Houston Wrongful Death Lawyer
Helping Houston Families After Fatal Accidents Since 1985
Written and legally reviewed by Greg Baumgartner, founder and lead trial lawyer at Baumgartner Law Firm.
Last reviewed and updated: October 25, 2026.
If your spouse, child, or parent died because someone was careless, Texas law may allow your family to bring a wrongful death claim. I’m Greg Baumgartner. I’ve helped families after fatal accidents for more than 40 years, and I personally handle every case my firm accepts.
When we first talk, I’ll listen to what happened and tell you what I’d look into first. Sometimes that means finding out who had a camera facing the road. Sometimes it means finding out which company was responsible for the work that day. Those questions are easier to answer while the evidence is still there.
Call (281) 587-1111 or request a free, confidential consultation. You pay no attorney fee unless we recover compensation for your family.
On this page
Case results · How I investigate · Who can file · What families can recover · Filing deadline · FAQs
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Quick Answers for Texas Families
Who may file? | A surviving spouse, child, or parent can bring a claim for the benefit of all eligible family members. |
What can a claim cover? | It can compensate eligible family members for their own losses, including lost financial support, lost companionship, and mental anguish. |
Is there a deadline? | The general rule is two years from the date of death. Claims involving a government entity may have earlier notice requirements. |
Who you choose matters- Call us 24/7. Let us fight for maximum compensation for your family after the loss of your loved one!
Selected Wrongful Death Results
Past results do not guarantee a similar outcome.
| Recovery | Case |
| $6,000,000 | Houston car accident wrongful death case. |
| $5,750,000 | Fatal head-on collision case. |
| $5,000,000 | Commercial trucking fatality case in Harris County. |
| Confidential recovery | Drunk-driving wrongful death and dram shop case. |
| Confidential recovery | Construction-site fatality case where the defense blamed the worker. |
See more of our personal injury and wrongful death case results.
What a Wrongful Death Client Said About Our Firm
“I can’t thank Greg and Lissa enough for the incredible support and dedication they showed while representing me in a wrongful death case of my son. From the very beginning, they treated me with compassion, patience, and understanding during one of the hardest times of my life. They walked me through every step of the process, answered all my questions, and always made sure I felt heard and supported. Their professionalism and determination gave me the confidence to keep going, and because of their hard work, we were able to achieve justice.”
-Crystal Morrison
Why Families Work With Greg Baumgartner
I started Baumgartner Law Firm in 1985. When I take a case, I want to know the facts well enough to explain to the family what the evidence shows and what questions we still need to answer. You work directly with me. I hold a J.D. and an LL.M. and graduated from the Trial Lawyers College.
Fatal Accident Cases We Handle
I represent families across Greater Houston after fatal car crashes, 18-wheeler collisions, and construction and job-site accidents. I also handle cases involving dangerous products, unsafe property, and fatal drunk-driving crashes. In some cases, Texas dram shop law allows a claim against an alcohol provider.
How I Investigate a Fatal Accident
I start by finding out what evidence exists and who has it. After a truck crash, that may mean asking the carrier to preserve electronic logs, dispatch messages, and vehicle data. After a job-site death, I want to know which contractor controlled the work and what the crew was told to do. Video can be recorded over. Vehicles get repaired. Job sites change.
In one construction-site fatality my firm handled, the defense blamed the worker who died. Questions I look at in that situation include who assigned the work, who controlled the site, and what safety measures were in place. Those details can help show who was responsible for the conditions that led to the death.
I also look at who employed the people involved and which insurance policies may apply. To document your family’s losses, I ask about the support your loved one provided at home as well as what they earned. See what it takes to prove a wrongful death claim in Texas.
Who Can File a Texas Wrongful Death Claim
Texas law gives the surviving spouse, children, and parents the right to bring a wrongful death claim. One eligible person may file for the benefit of all. If none files within three calendar months after the death, the executor or administrator must bring the claim unless all eligible family members ask them to refrain. See Texas Civil Practice and Remedies Code § 71.004 and our guide to who can file a Texas wrongful death claim.
What Texas Families Can Recover
A wrongful death claim seeks compensation for losses each eligible family member suffered. That can include lost financial support, lost care and guidance, lost companionship, and mental anguish. The evidence of fault, the family’s losses, and available insurance or assets all affect the value of a wrongful death case. A spouse may also have a claim for loss of consortium and companionship.
Under Texas Civil Practice and Remedies Code § 71.009, Texas law may allow exemplary damages for a death caused by a willful act or omission or gross negligence. Eligibility and limits depend on the claim and the facts. Read more about punitive damages in Texas.
How a Survival Claim Works
A survival claim preserves the personal injury claim your loved one could have brought had they lived. It is pursued on behalf of the estate and may include medical expenses and conscious pain and suffering before death. A family may pursue both claims in the same lawsuit. Learn how a Texas survival action works.
We offer free consultations for families who have lost a loved one. You can talk to Greg Baumgartner about your rights. He can also explain what damages you might get and what to do next to protect your case.
Deadline to File a Texas Wrongful Death Claim
Under Texas Civil Practice and Remedies Code § 16.003(b), the general filing deadline is two years from the date of death. Exceptions can apply. Claims involving a government entity may also be subject to earlier notice requirements. Ask about your deadline early, while there is still time to preserve evidence. See our Texas wrongful death filing deadline guide and the steps for filing a wrongful death lawsuit in Texas.
What to Do After a Fatal Accident
- Save the crash report number, witness names, photographs, messages, and any medical or funeral bills you receive.
- Get legal advice before giving a recorded statement to the other side’s insurer, signing a release, or accepting a payment.
- Call when you can. The report number and what you know about what happened are enough to start the conversation.
Attorney in Houston for Help
Talk with a top-rated wrongful death lawyer by calling (281) 587-1111
Fill out an online consultation request for a FREE consultation.
How long does a wrongful death lawsuit take?
Some claims resolve within months. A disputed lawsuit can take one to two years or longer. The timeline depends on how much investigation is needed, how many parties are involved, and whether the case goes to trial. See how long a Texas wrongful death lawsuit can take.
What if my loved one was partly at fault?
When Texas proportionate responsibility law applies, fault assigned to the person who died can reduce what the family recovers. A finding that they were more than 50 percent responsible can bar recovery.
How is a wrongful death settlement divided?
Each eligible family member’s share depends on their own losses. If family members disagree, a court may need to resolve the dispute. Read more about how Texas wrongful death settlements are divided.
What if there is also a criminal case?
A family can pursue a civil wrongful death claim even if no criminal charges are filed. The civil case has its own burden of proof and seeks compensation for eligible family members.
What if the person at fault has little insurance?
I look for other sources of recovery. Depending on what happened, those may include an employer’s commercial policy, umbrella insurance, or your own underinsured motorist coverage.
Here’s What Our Clients are Saying
Speak With Greg Baumgartner About Your Family’s Loss
Tell me what happened and what questions are on your mind. I’ll explain what I think needs to be investigated and what your family can do next.
Call (281) 587-1111 or contact Baumgartner Law Firm for a free consultation. You pay no attorney fee unless we recover compensation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
Call (281) 587-1111 | Free consultation | No fee unless we win
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