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Houston Wrongful Death Lawyer
40 Years of Experience- Hundreds of Millions Won
No Fees Unless We Win
Do You Need Help After the Loss of a Family Member?
At Baumgartner Law Firm, our experienced Houston wrongful death lawyers are dedicated to helping families navigate the heartbreaking aftermath of losing a loved one due to someone else’s negligence.
We understand the emotional and financial devastation these tragedies cause—and we’re here to provide the compassionate support, clear answers, and aggressive legal advocacy you deserve.
Sadly, many deaths from accidents in Houston and across Texas could be prevented. If your family is going through this hard time, we can help you find justice. We’ll work to hold those at fault accountable for their actions.
For justice and compensation, call our Houston wrongful death attorneys. We will fight for you and honor the memory of your loved one.
Call us today for a FREE CONSULTATION.
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ABOUT GREG BAUMGARTNER
A Passion For Justice. The Experience For Win.
Greg Baumgartner, the founder of Baumgartner Law Firm, has spent the last 40 years helping accident victims. Greg is top-rated in personal injury and wrongful death cases, with a perfect 10 AVVO rating and is recognized as one of the best personal injury lawyers in Texas. He has won millions for accident victims in Houston and across Texas. You will not find a more experienced injury attorney. Greg holds dual law degrees and is also a graduate of the Trial Lawyers College.
You will not be a case number to us. Our legal team will treat you like family. We will use our personal injury law experience and winning record to maximize your compensation, We have the expertise and resources to handle the most difficult cases. Contact our law firm and let us fight for your financial compensation.
Call us 24/7. Let’s start fighting together,
Greg Baumgartner
CEO of Baumgartner Law Firm
Why Choose Our Wrongful Death Lawyer at Baumgartner Law Firm?
For over 40 years, families have trusted our firm for wrongful death lawsuits. We have an undefeated record in wrongful death litigation. Our success in securing maximum compensation speaks for itself. We are committed to getting the best results for you and your family.
If you believe your loved one’s death was the result of another person’s fault, contact Houston wrongful death lawyer Greg Baumgartner as soon as possible. We offer a free case evaluation and contingent attorneys’ fees.
- Undefeated in wrongful death cases
- Numerous multi-million dollar wrongful death results
- Caring and committed to personal service
- Over 40 years of experience in fatal accident cases
- Award-winning personal injury attorney
- No fees unless we win
Choose us for our proven results and experienced and dedicated legal team.
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Contact the Undefeated Wrongful Death Attorney in Houston with Decades of Expertise and a Proven Track Record.
Who Can File Wrongful Death Claims in Texas?
In Texas, only certain family members can file a wrongful death claim or survival action. These individuals include parents, children, and spouses of the deceased. Children and adoptive children, along with spouses, can qualify even if they were separated when the death occurred.
If none of these family members files a lawsuit within three months of the death, the executor or administrator of the estate may bring the claim. This can only happen if all the eligible family members agree not to proceed with the legal action themselves.
Knowing who can file a wrongful death claim and the executor’s role can help you manage the legal process in Texas more easily.
Houston fatal accident lawyer Greg Baumgartner discusses wrongful death cases in Texas.
How Do Insurance Companies Try to Blame the Victim After a Fatal Accident?
After a fatal accident, the victims can’t defend themselves. This makes it easier for the party at fault to shift the blame onto the deceased. Understanding this tactic is important because it can impact the compensation the victim’s family receives.
What is Texas’s Comparative Negligence Rule?
Texas has a rule called modified comparative negligence. This means that more than one party, including the victim, can share some or all of the blame for an accident. If the victim is found to be less than 50% at fault, their family can still seek wrongful death or survival damages. However, their compensation is reduced by the percentage of fault attributed to the deceased. If the victim is assigned blame of 51% or more, the family in a wrongful death case is barred from getting damages in Texas. For this reason, insurance companies almost always try to blame the deceased.
How Does Comparative Fault Apply in Texas Wrongful Death Cases?
In wrongful death cases, where a victim has died in an accident, figuring out who is at fault is key. If the victim is blamed, it can lower or even eliminate the compensation their family can receive. That’s why it’s crucial to fight against any attempts by insurance companies to shift blame onto the victim. Find the best attorney near you as soon as you can.
How Baumgartner Law Firm Fights the Insurance Companies’ Tactic of Blaming the Victim
For over 40 years, we have fought against defendants who blame victims for accidents. Insurance companies try to shift blame even in clear cases. They do this to pay less money. We stop this tactic by building strong cases. We also point out the flaws in their defense arguments.
If a fatal accident occurs, be prepared for attempts to blame the victim. We are familiar with these tactics and are prepared to fight for your family.
What is Our Process for Helping Your Family After a Fatal Accident?
Let Us Fight For Your Family.
Our process for your wrongful death case is as follows:
Getting to Know You and Your Family
Learning about your family is important to us. We care and will support you every step of the way.
Investigate and Build Your Case
Our Houston wrongful death lawyers will investigate the accident, work to find witnesses, and obtain evidence from the authorities. We will identify any negligent party responsible for the deceased person’s death.
Preservation of Evidence
Experienced attorneys will take steps to preserve relevant evidence, which can be important in litigation for accidental death in Texas. Saving evidence can help lead to a successful wrongful death lawsuit.
Negotiation
Our Houston attorneys will negotiate with defendants and insurance companies, drawing on our decades of experience. We aim to maximize your compensation and achieve outstanding results for your surviving family members.
Filing Your Lawsuit
If negotiations fail, we will file your Texas wrongful death lawsuit and present your case to a jury in Houston, TX. Our attorneys rely on our decades of experience to maximize your compensation.
Experience is key in winning wrongful death lawsuits. Our firm offers unmatched expertise on personal injury and wrongful death claims.
If you have lost a family member, call our Houston wrongful death law firm. Call a top-rated Houston wrongful death lawyer now for a FREE CONSULTATION!
Building Your Case- The Importance of Getting Strong Evidence
A successful wrongful death claim requires strong evidence to support each element. Key types of evidence include:
- Witness accounts – Eyewitnesses can help clarify what happened and determine who is at fault.
- Expert testimony – Medical experts, accident reconstruction specialists, or safety professionals may be necessary to help establish causation.
- Documentary evidence, including police reports, medical records, safety procedures, and accident logs, helps establish the facts.
Hiring an experienced attorney as soon as possible will help them build your case and take action to preserve vital evidence.
How to Prove Negligence in Texas Wrongful Death Lawsuits?
What are the Key Elements of a Successful Wrongful Death Claim in Texas?
Losing a loved one due to someone else’s negligence is a tragic experience. In Texas, wrongful death claims allow families to seek justice and compensation. To win a wrongful death lawsuit, you must prove four essential elements: Duty of Care, Breach of Duty, Causation, and Damages. Below, we detail each element and explain how to build a strong wrongful death case.
1. Duty of Care
The first step in a wrongful death lawsuit is showing that the defendant owed a legal duty to the deceased. Duty of care refers to the obligation to act to prevent harm to others. Common examples include: Drivers- A driver must obey traffic laws and drive safely. In wrongful death cases, proving the existence and breach of a duty depends on the facts of your case. Our attorneys will work to prove your case and get justice for your losses.
2. Breach of the Duty
A breach of duty happens when a person acts recklessly or negligently. Common examples are: Failure to follow safety procedures at work. Violating a traffic law like driving under the influence. The defendant’s actions must be shown to be unreasonable or negligent under the circumstances.
3. Causation- Linking the Defendant’s Actions to the Death
Next, you must prove that the defendant’s breach of duty directly caused the death of your loved one. This is called “causation”. You need to show that the defendant’s actions (or lack of action) led to the fatal incident. For instance, if a trucking company fails to maintain its vehicles properly and the condition of the big rig causes an accident, its negligence is directly linked to the death. The connection between the breach and the fatality must be clear and undeniable.
4. Damages- Proving Financial and Emotional Loss
The final element is demonstrating the damages caused by the wrongful death. Damages include both economic and non-economic losses. Examples include: Funeral and medical expenses incurred due to the death Lost income and support if the deceased was a primary wage-earner can significantly impact the financial stability of those left behind after a loved one’s untimely death. Loss of companionship and emotional distress suffered by surviving family members In Texas, damages can include financial compensation for tangible losses and emotional damages for the pain caused by the loss.
What is the Texas Wrongful Death Statute of Limitations?
In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. This means that surviving family members must file their lawsuit within two years of the date of death; otherwise, they will be barred from bringing a claim. However, there are some exceptions to this rule, such as if the deceased person was a minor or if the surviving family members were mentally or physically incapacitated at the time of the death.
It’s worth noting that the statute of limitations can be complex and may vary depending on the specific circumstances of each case. Therefore, it’s essential to consult with an experienced law firm as soon as possible to ensure that your rights are protected and that you comply with the applicable statute of limitations. An experienced wrongful death attorney can guide you through the legal process, help gather necessary evidence, and ensure the claim is filed within the required timeframe.
What Damages are Available for Wrongful Death Cases in Texas?
The loss of a loved one is the most emotionally devastating experience any of us will have to endure. On top of that, the death of a family member can lead to big financial burdens, especially if they were a primary wage-earner prior to death.
The Texas wrongful death lawsuit is the mechanism to help families recover the compensation that they deserve. Such lawsuits hold the defendant and other responsible parties accountable for damages.
Here are the damages your family may recover:
Economic Damages
Non-Economic Damages
Punitive Damages
Economic damages are meant to compensate for the measurable financial losses that result from the death of a family member. These damages cover the tangible costs that families face, including:
- Medical bills
- Costs of a Funeral
- Loss of Support can be a significant factor in cases that result in a wrongful death.
- Loss of Inheritance
- Loss of Household Services
After a fatal accident, economic damages are easy to calculate. Non-economic damages are harder to measure but often make up the largest part of wrongful death lawsuits in Texas. These non-economic damages are more subjective than economic ones.
- Mental Anguish and Emotional Damages
- Loss of Companionship
- Loss of Consortium
- Loss of Parental Guidance
Punitive damages, also known as exemplary damages, are designed to punish particularly egregious behavior and deter similar actions in the future. In Texas, punitive damages may be awarded in wrongful death cases where the defendant’s actions were grossly negligent, reckless, or malicious, like a drunk driving accident.
While punitive damages are not available in every case, they play a crucial role in holding individuals and companies accountable for their wrongdoing. Our Houston wrongful death lawyer will talk with you about the accident. Get a free case evaluation on a fatal accident.
What to Know About the Texas Wrongful Death Statute?
The Texas Wrongful Death Act is in Chapter 71 of the Texas Civil Practice and Remedies Code.
Section 71.002 of the TCPRC explains who can bring a wrongful death claim in Texas. The surviving spouse, children, and parents can bring a Texas wrongful death claim.
Estates can make a claim. An executor or administrator of an estate may be appointed. They can bring a claim for the estate.
Section 71.004 allows for the recovery of damages.
Which includes the loss of:
- companionship
- pecuniary loss
- society, love, affection
- inheritance
- mental anguish
- and loss of consortium
If the victim survives, an estate can file a survival case to seek damages for the injury that occurred prior to death.
Call our Houston wrongful death attorneys to explore your rights and options today.
Baumgartner Law Firm
Call an Award-Winning Wrongful Death
Attorney in Houston for Help
Talk with a top-rated wrongful death lawyer by calling (281) 587-1111
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What are Survival Claims, and How are They Different from Wrongful Death?
When you lose a loved one due to someone else’s fault, wrongful death payments can help your family. These payments cover many types of losses. Pecuniary loss means the care, support, and advice you no longer get from your family member. It also includes the help and money they would have given you if they were still alive.
Texas wrongful death damages cover things like:
- Your loss of companionship
- Pecuniary loss
- The emotional distress you suffer
- Mental anguish
- Your loss of services from the deceased
- Financial losses
Survival Claim Damages in Texas
Survival action damages compensate for the pain and damage the deceased experienced before their death. If the person lived for a time after the accident, their estate may be able to seek survival damages. A Texas survivor claims a lawyer can assist with your lawsuit.
Survival cases can include compensation for:
- Pain and suffering
- Medical bills
- the deceased’s mental anguish
- Loss of enjoyment of life
- Disfigurement
- Disability
- Other personal injury damages before death
Frequently Asked Questions
Houston Wrongful Death FAQs
If you have questions about what you can do to get justice for your loss or how to make a wrongful death claim, call us for a free consultation. We can answer your questions and outline your rights and options. Acting quickly after the loss of a loved one can be a difficult thing to do, but it is the right thing to do for your family.
Can I file a wrongful death claim if a drunk driver killed my family member?
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.
What is the difference between criminal charges and a wrongful death case?
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.
How is a wrongful death settlement divided between family members?
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. 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.
Can siblings file a wrongful death case?
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.
Can we get punitive damages in our wrongful death lawsuit?
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.
How long do wrongful death cases take in Texas?
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.
Can an executor file a wrongful death case?
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.
What is the cost of hiring a Houston wrongful death attorney?
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.
How can I start the process of claiming compensation for a wrongful death?
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.
Do I need an attorney to file a wrongful death lawsuit?
Yes, you do. While it is possible to sue without an attorney, it isn’t easy. The odds are stacked against you, but our law office is here to protect your rights. We recommend getting an expert fatal accident attorney. The earlier you get an experienced lawyer from our law office, the better to protect your rights.
Why Act Quickly with a Wrongful Death Lawsuit in Texas?
The earlier you start investigating and building your case, the better. Obtaining skilled representation early allows your attorney to take steps to obtain and preserve vital evidence.
Filing a wrongful death lawsuit helps families get justice and money. When they hold those at fault to account, families can get paid for medical bills, funeral costs, lost wages, and pain. In some cases, they may also get extra money to punish those who did wrong.
If you have lost a loved one due to someone else’s negligence, we are here to guide you through every step of the legal process and fight for the compensation your family deserves.
Are There Limits to Wrongful Death Compensation in Texas?
Texas law caps punitive damages in most cases. These caps limit punitive damages to twice the economic damages plus up to $750,000 for non-economic damages. However, compensatory damages (both economic and non-economic) usually have no caps. The caps on punitive damages don’t apply in some cases. These include when a wrongful death was caused by a felony or very bad conduct by the defendant.
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Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
Related Resources
- How Long Do Wrongful Death Lawsuits Take in Houston?
- What Are My Chances of Winning a Wrongful Death Suit
- What Does a Wrongful Death Attorney Do?
- Types of Wrongful Death Cases in Houston
- How Do You Prove Wrongful Death in Texas?
- What You Need to Know About Wrongful Death Cases in Texas
- Is Wrongful Death the Same as Negligence?
- Filing a Wrongful Death Case in Texas
- How Long Do Houston Wrongful Death Lawsuits Take?
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- How Do You Prove Wrongful Death in Texas?
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