Houston Wrongful Death Lawyer

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 like a bar or club.

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 related to the incident that caused your loved one’s death. Contact us to talk about your loss.

In a wrongful death settlement, the money can be divided by agreement. Or among families, where a judge or jury makes a decision. The key factor is the closeness of each family member to the deceased. The closer the relationship, the larger the potential damages. Who receives the money from a wrongful death lawsuit in Texas is not a set formula. In our experience, money usually goes to family members in this order:

• spouses,
• minor children,
• parents of minor children,
• adult children, and finally,
• parents of adult children.

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, as the law allows for these specific relationships.

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 a 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 involving 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, Our law office is fully committed to your case and will work diligently to protect your rights. 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 achieve the best outcome for you, as 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 diligently to achieve the best possible outcome. 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 in Houston for decades after losing a loved one. We will guide you through the necessary steps and assist in filing your claim.

While you're not legally required to hire an attorney to file a wrongful death lawsuit in Texas, proceeding without an experienced wrongful death lawyer virtually guarantees you won't receive full compensation for your devastating loss.

Insurance companies count on unrepresented families accepting settlements worth a fraction of their case's true value. Without an experienced wrongful death attorney, you likely won't know the full extent of damages you're entitled to recover. Most families drastically undervalue future lost earnings, fail to account for lost employment benefits and retirement contributions, overlook household services the deceased provided, and don't understand how to calculate non-economic damages like loss of companionship, guidance, and mental anguish.

Defense attorneys and insurance adjusters are trained to exploit grieving families who lack legal representation. They'll pressure you to accept quick, lowball settlements before you understand your case's worth. They know unrepresented families rarely have the resources to hire economists, accident reconstructionist experts, medical experts, and other professionals needed to prove maximum damages.

Studies consistently show that families with experienced wrongful death attorneys recover settlements and verdicts worth multiples of what unrepresented families receive.

At Baumgartner Law Firm, we've secured numerous multi-million-dollar results for wrongful death clients because we know how to prove every element of damages that Texas law allows. With our contingency fee structure, you pay nothing unless we win, ensuring you can afford the experienced representation essential to recovering full and fair compensation for your loss.

Losing a loved one in an accident is overwhelming. You may face urgent decisions from the police, insurance, employers, and medical staff. Knowing your rights helps protect your family’s compensation.

Here are the critical steps to take after an accident:

Step 1: Call 911 and Preserve the Scene

If still at the scene, call 911. The police report is key to any wrongful death claim. Don't move or let anyone alter evidence. If safe, take photos or video before anything changes.

Step 2: Request Copies of All Official Records

After the accident, obtain copies of:

• The official police or accident report
• The Harris County Medical Examiner’s report
• Any OSHA incident report (for workplace fatalities)
• Any TxDOT crash report (for highway or traffic fatalities)
• Emergency medical records from the responding hospital or EMS agency

These documents show how your loved one died and other facts. Insurance companies and opposing attorneys will review them quickly; so should yours.

Step 3: Do Not Speak With Insurance Adjusters

After a wrongful death accident, the at-fault party’s insurer may contact you. Do not give recorded statements, agree to settlements, or sign anything. Direct all insurance communications to your attorney.

Step 4: Contact an Experienced Local Wrongful Death Attorney as Soon as Possible

After a fatal accident, time is critical. Evidence disappears fast: surveillance can be erased within days, truck data can be lost, and memories can fade. An experienced attorney can quickly secure evidence, send a spoliation letter, and hire specialists before it is lost.

Texas families have two years from the death date to file a wrongful death lawsuit. Waiting can risk your case.

Step 5: Document Your Family’s Losses Beginning Immediately

Start a written record of every loss from your loved one’s death. This includes:

• All medical bills related to the final injury or illness
• Funeral and burial expenses
• Lost income and financial support that your loved one provided
• Household services they performed (childcare, home maintenance, transportation)

Your attorney uses this documentation to calculate your claim’s value. Relevant records help strengthen your case.

Step 6: Identify and Secure All Potential Evidence

Your attorney will work to preserve evidence. You can help by documenting what you learn from investigators. Important evidence can include:

• Photographs or video from the accident scene
• Witness information and statements
• Any surveillance video from nearby businesses, homes, traffic cameras, or dashcams
• The at-fault party’s training records, driving history, or safety inspection logs
• The condition of any vehicles or equipment

In workplace fatalities, OSHA can independently investigate. Your attorney will coordinate with OSHA and obtain findings as evidence.

Step 7: Establish or Identify the Estate or Family Member to Represent the Estate

In Texas, survival claims—allowing your family to recover damages for the pain and suffering your loved one experienced before death—must be filed by the executor or administrator of the deceased’s estate. (A survival claim is a lawsuit on behalf of the deceased for harm suffered before death. The executor or administrator is the person appointed to manage the estate.) If your loved one had no will or estate plan, your attorney can help prepare one and seek your appointment as administrator. In some cases, a family member can file a case without creating an estate.

Once legal basics are addressed, your attorney can manage the investigation and legal matters, giving you time to focus on your family's needs.

Once you hire a wrongful death attorney, your legal team will manage the investigation, evidence, experts, and insurance, letting you focus on your family.