Houston Wrongful Death Lawyer
Experience You Can Trust When It Matters Most
Legally Reviewed by Greg Baumgartner | Updated July 14, 2026.
| Talk directly with Greg Baumgartner Call (281) 587-1111 or request a free, confidential consultation. I will listen to what happened, explain whether the firm may be able to help, and outline the next steps. | ||||
| 40+ Years of Experience | Direct Access to Greg | Millions Recovered | No Fee Unless We Win | |
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Texas Wrongful Death Claims: Key Answers for Families
Question | Direct Answer |
Who may file? | The surviving spouse, children, and parents of the person who died may bring a Texas wrongful death claim. |
What does the claim cover? | It seeks compensation for the losses suffered by eligible family members, including mental anguish, lost companionship, lost care and guidance, and lost financial support. |
Is a survival action different? | Yes. A survival action belongs to the estate and covers losses the deceased person suffered before death. |
What is the general deadline? | Most Texas wrongful death lawsuits must be filed within two years of the date of death, but shorter notice rules can apply in some cases. |
Why act quickly? | Video can be erased, vehicles can be repaired, job sites can change, and witnesses can become difficult to locate. |
Who you choose matters- Call us 24/7. Let us fight for maximum compensation for your family after the loss of your loved one!
Why Families Choose Baumgartner Law Firm
Wrongful death cases are not routine insurance claims. The stakes are too high, and the evidence is often controlled by the people or companies facing liability. They may have investigators, insurance adjusters, lawyers, and experts working within hours of the event. Your family deserves the same urgency.
I founded Baumgartner Law Firm in 1985. I hold both a J.D. and an LL.M., and I am a graduate of the Trial Lawyers College. I maintain a selective caseload because families should not be passed from one case manager to another. You work directly with me. You can learn more about my firm and approach.
- I personally review and direct each wrongful death case.
- We investigate early and prepare the case for trial from the beginning.
- We look beyond the obvious defendant to identify every responsible party and available source of insurance.
- We document the family’s personal loss, not only the financial loss.
- We give honest advice. If I do not believe the firm is the right fit, I will say so.
Selected Wrongful Death Results
Every case is different, and past results do not guarantee a similar outcome. These recoveries show the level of preparation and commitment we bring to serious fatal-accident cases:
| Recovery | Case |
| $6,000,000 | Car accident wrongful death recovery in Houston. |
| $5,750,000 | Fatal head-on collision recovery. |
| $5,000,000 | Commercial trucking fatality recovery in Harris County. |
| Confidential | Drunk-driving wrongful death and dram shop claim. |
| Confidential | Construction-site fatality in which the defense blamed the deceased worker. |
See additional personal injury and wrongful death case results
What Is a Wrongful Death Claim in Texas?
A wrongful death claim arises when a person dies because of another party’s wrongful act, neglect, carelessness, lack of skill, or default. That definition comes from Texas Civil Practice and Remedies Code Section 71.002.
The claim belongs to the eligible family members. It focuses on what they lost because their loved one died. The responsible party may be an individual driver, an employer, a trucking company, a contractor, a property owner, a product manufacturer, a bar, or another business or governmental unit.
A fatal accident may create more than one claim. For example, a family may have wrongful death claims for its own losses and a separate survival claim for the harm the deceased person suffered before death. We examine both during the first case review.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas Civil Practice and Remedies Code Section 71.004, a wrongful death claim may be brought by the deceased person’s surviving spouse, children, and parents. One eligible person may file for the benefit of all eligible beneficiaries, or they may file together.
- A surviving spouse includes a legally married husband or wife.
- Children may include biological and legally adopted children.
- Parents may include biological and adoptive parents.
- Siblings, grandparents, stepparents, and stepchildren generally cannot file unless a qualifying legal adoption changes their status.
If no eligible family member files within three months after the death, the executor or administrator of the estate generally must bring the action unless all eligible beneficiaries ask that it not be filed. Read more about Texas wrongful death beneficiaries.
Wrongful Death Claim Versus a Survival Action
These claims are related, but they compensate different losses.| Claim | Who Brings It | What It Covers |
| Wrongful death | Eligible spouse, children, and parents | Their mental anguish, lost companionship, lost care and guidance, lost support, and other personal losses. |
| Survival action | The deceased person’s estate or legal representative | The deceased person’s medical expenses, lost earnings, conscious pain, mental anguish, and other losses before death. |
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.
What Damages May Be Recovered?
Texas wrongful death damages are meant to compensate eligible family members for the loss they personally suffered. A strong case should show what the deceased person contributed to the family and what can never be replaced.
Wrongful Death Damages for Family Members
- Mental anguish caused by the death.
- Loss of companionship, love, comfort, and society.
- Loss of care, maintenance, support, services, advice, and counsel.
- Loss of financial support and employment benefits.
- Loss of inheritance the beneficiary likely would have received.
- Loss of parental care, guidance, and education for children.
- Loss of consortiumfor a surviving spouse.
- Reasonable funeral and burial expenses, depending on who paid them and how the claim is presented.
Survival Damages for the Estate
- Medical expenses related to the fatal injury.
- Conscious physical pain and mental anguish before death.
- Lost earnings between the injury and death.
- Property damage and other personal injury losses the deceased could have claimed.
Exemplary Damages in the Right Case
Exemplary or punitive damages may be available when clear and convincing evidence proves fraud, malice, or gross negligence under Texas Civil Practice and Remedies Code Section 41.003. Texas generally limits exemplary damages under Section 41.008, although exceptions may apply. Learn more about punitive damages in Texas injury cases.
The Largest Loss Is Often the Relationship
After more than 40 years of helping families, I have learned that the largest loss is often not shown on a tax return. It is the permanent loss of the relationship.
A surviving spouse may lose a best friend, a parenting partner, and the person who shared every part of daily life. A child may lose guidance, encouragement, protection, and the parent who attended school events or gave advice. Parents may lose the unique bond they had with a son or daughter, even when that child was an adult.
We tell that story with care. We may use family testimony, photographs, videos, messages, calendars, letters, and the observations of friends, teachers, neighbors, coworkers, and faith leaders. The goal is not to exaggerate grief. It is to help the insurance company, judge, or jury understand the real human loss.
What Types of Fatal Accident Cases Do We Handle?
Different fatal accidents require different evidence and legal strategies. Our firm handles serious wrongful death claims involving:
- Fatal car accidentscaused by speeding, distraction, unsafe turns, impaired driving, or other negligence.
- Commercial truck and 18-wheeler crashesinvolving driver logs, electronic data, maintenance records, hiring practices, and company safety policies.
- Drunk-driving crashesthat may support claims against the driver and, in some cases, a bar or alcohol provider.
- Construction and workplace fatalitiesinvolving contractors, subcontractors, property owners, equipment providers, and employers.
- Defective productsinvolving unsafe vehicles, machinery, consumer products, or industrial equipment.
- Fatal drowning accidentsinvolving pools, apartments, hotels, boats, daycare facilities, and unsafe property conditions.
- Industrial, refinery, plant, electrocution, burn, carbon monoxide, and dangerous-premises deaths.
Motor vehicle deaths remain a serious problem across the state. The Texas Department of Transportation publishes annual crash statistics based on statewide crash records.
Who May Be Responsible for a Fatal Accident?
The person who appears to have caused the event may not be the only responsible party. Finding every defendant can be essential because it may reveal additional insurance coverage and evidence.
- A negligent driver and the owner of the vehicle.
- An employer whose employee caused the death while working.
- A trucking company, broker, shipper, maintenance company, or equipment owner.
- A general contractor, subcontractor, property owner, or equipment supplier.
- A manufacturer, distributor, or seller of a defective product.
- A bar or restaurant that unlawfully served an obviously intoxicated customer.
- A governmental unit, subject to special immunity, notice, and filing rules.
I do not stop at the first insurance policy. We examine the relationships, contracts, electronic records, ownership documents, and safety responsibilities that may identify other parties.
How I Build a Strong Wrongful Death Case
A wrongful death case usually requires proof that the defendant owed a legal duty, violated that duty, caused the death, and caused measurable harm to the family or estate. Those elements may sound simple. Proving them against a well-funded defendant is not.
1. Preserve Evidence Immediately
I move quickly to send preservation notices and secure evidence before it changes or disappears. Depending on the case, that may include:
- Police reports, 911 recordings, body-camera video, and dispatch records.
- Scene photographs, business video, traffic-camera video, dashcam footage, and doorbell video.
- Vehicle event data, truck electronic logs, GPS records, and phone data.
- Maintenance files, inspection records, hiring documents, training records, and safety policies.
- Construction contracts, job-site records, permits, and incident reports.
- Autopsy findings, toxicology results, medical records, and expert opinions.
- Witness statements taken while memories are fresh.
Our guide on how to prove wrongful death in Houston explains the evidence in more detail.
2. Identify Every Responsible Party
Fatal accidents often involve shared responsibility. A truck driver may have made the final mistake, but poor hiring, unsafe scheduling, bad maintenance, or pressure from a company may have created the danger. A construction worker may have been killed because several contractors failed to coordinate safety. We investigate the entire chain of responsibility.
3. Document the Full Family Loss
Economic experts can calculate lost income and benefits. That is important, but it is not the whole case. We also document how each eligible family member depended on the deceased for companionship, emotional support, household services, advice, care, and guidance.
4. Prepare for Trial From the Start
Most civil cases settle, but the strongest settlements usually come from cases that are ready for trial. We organize the evidence, work with qualified experts, test the defense arguments, and prepare the family before serious settlement discussions begin.
What Working With My Firm Looks Like
- You speak with me. The initial consultation is free and confidential. I learn what happened, who was affected, and what evidence may exist.
- We act quickly. If I accept the case, we send preservation notices, gather records, and identify witnesses and experts.
- We investigate insurance and defendants. We look for every responsible party and each available layer of coverage.
- We build the damages case. We document the financial, emotional, and relationship losses of each eligible beneficiary.
- We negotiate from strength. We make a demand when the evidence and damages are developed, not merely when the insurer wants a quick resolution.
- We file suit and try the case when necessary. I am prepared to take the case to court when the responsible parties refuse to be fair.
- We help complete the case. After a settlement or judgment, we address liens, estate issues, guardianship issues for minors, and the distribution process.
Read the step-by-step Texas wrongful death lawsuit process for a more detailed explanation.
How Fault Can Affect Compensation
Texas follows a modified proportionate-responsibility rule. Under Texas Civil Practice and Remedies Code Section 33.001, a claimant generally cannot recover if the claimant’s percentage of responsibility is greater than 50 percent. A recovery may be reduced by the percentage of fault assigned to the deceased person or claimant, depending on the claim.
Insurance companies use this rule to shift blame. In a fatal crash, they may claim the deceased person was speeding, distracted, impaired, not wearing a seat belt, or failed to yield. In a workplace case, they may say the worker broke a safety rule. The person who died cannot explain what happened, which makes independent evidence especially important.
I treat blame-shifting as an expected defense, not a surprise. Early scene work, electronic data, neutral witnesses, company records, and expert analysis can expose an unfair defense before it controls the case.
How Much Is a Wrongful Death Case Worth?
There is no honest wrongful death calculator. The value depends on the facts, the available insurance and assets, the strength of the liability evidence, the conduct of the defendant, the age and health of the deceased person, lost financial support, and the relationship between the deceased person and each beneficiary.
Each eligible family member has an individual loss. A spouse’s claim is not the same as a child’s claim. The strongest valuation comes from knowing the family, gathering supporting evidence, and presenting the losses in a way that is personal, credible, and specific.
Read more about wrongful death settlement value in Houston and how Texas wrongful death settlements are divided.
What Is the Deadline to File a Texas Wrongful Death Claim?
The general Texas wrongful death statute of limitations is two years from the date of death under Texas Civil Practice and Remedies Code Section 16.003(b). The deadline can be affected by unusual facts, and claims against governmental units may require notice much sooner.
The legal filing deadline is not the same as the practical deadline for protecting evidence. A business may erase video within days. A commercial vehicle may be repaired or sold. A job site can change. A witness may move or forget details. Waiting can weaken a case long before the two-year period ends.
Review our detailed guide to the Texas wrongful death statute of limitations.
What Should You Do After a Fatal Accident?
- Protect your family first. Take the time you need for immediate funeral, medical, and family needs.
- Save all documents. Keep funeral bills, medical bills, insurance letters, employment records, and receipts.
- Preserve personal evidence. Save photographs, messages, videos, voicemails, calendars, and other items showing the relationship with your loved one.
- Do not give a recorded statement to an insurance adjuster before getting legal advice.
- Do not sign a release or accept a quick payment without knowing every claim and source of coverage.
- Write down what you know. Record names, dates, conversations, witnesses, and details while they are fresh.
- Speak with a lawyer early enough to preserve physical and electronic evidence.
You do not need to have every document before calling. In many cases, the most important first step is simply explaining what happened so I can identify what must be protected.
Texas Wrongful Death Resources
The following guides answer common questions in greater detail:
What is the difference between wrongful death and a survival action? | |
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
Attorney in Houston for Help
Talk with a top-rated wrongful death lawyer by calling (281) 587-1111
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Texas law does not require a lawyer, but fatal-accident cases are rarely simple. Defendants often begin investigating immediately, and families may not know what evidence, insurance, defendants, or damages are involved.
A case may resolve in months, but a disputed or complex lawsuit can take one to two years or longer. The timeline depends on fault, the number of defendants, insurance coverage, expert work, discovery, court schedules, and whether a trial or appeal is necessary.
Generally, no. Texas limits wrongful death beneficiaries to the surviving spouse, children, and parents of the deceased person
The consultation is free. We handle accepted wrongful death cases on a contingency-fee basis, so you do not pay an attorney fee unless we recover compensation for your family.
A criminal prosecution and a civil wrongful death case are separate. The criminal case may punish the wrongdoer. The civil case seeks compensation and accountability for the family and estate.
There is no automatic one-size-fits-all formula. Distribution depends on the facts, the eligible beneficiaries, and the losses suffered by each person. When necessary, a court may resolve disputes.
Partial fault does not always end the case, but it may reduce compensation. A finding of more than 50 percent responsibility can bar recovery under the Texas proportionate-responsibility rules.
Yes. They are often pursued in the same lawsuit because they arise from the same event, even though they compensate different losses.
We investigate all possible defendants, business relationships, umbrella policies, employer coverage, commercial coverage, and first-party insurance. Available insurance and collectible assets can strongly affect the practical value of a claim.
Here’s What Our Clients are Saying
Speak With Greg Baumgartner About Your Family’s Loss
If your family lost someone because of another person’s carelessness or a company’s unsafe conduct, you may be facing grief, financial pressure, unanswered questions, and calls from insurance representatives at the same time. You do not have to handle that alone.
I will listen to what happened, explain the claims that may be available, and tell you what should be done to preserve the case. I personally handle the matters my firm accepts, and I prepare serious wrongful death cases with trial in mind from the start.
Call (281) 587-1111 or contact Baumgartner Law Firm for a free, confidential consultation. There is no attorney fee unless we recover compensation for your family.
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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