Houston Wrongful Death Lawyer
Helping Houston Families After Fatal Accidents Since 1985
Written and legally reviewed by Greg Baumgartner, Houston Personal Injury Attorney
Founder & Lead Trial Lawyer, Baumgartner Law Firm · 40+ Years of Trial Experience · Trial Lawyers College Graduate · AVVO 10/10 Rating
I am Greg Baumgartner. If your family lost someone due to another person’s negligence or a company’s unsafe conduct, I can help you understand the civil claims that may be available to you. I have represented Houston families after fatal accidents for more than 40 years, and I personally handle the cases my firm accepts.
Our first conversation starts with what happened and what your family needs to know. If we accept the case, I direct the investigation, work to protect evidence, and review the people, companies, and insurance policies that may be involved.
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 can help, and outline the next steps. | ||||
| 40+ Years of Experience | Dual Law Degrees and Trial Lawyers College Graduate | Millions Recovered | No Fee Unless We Win | |
Selected Wrongful Death Results
$6 million
Fatal car accident
$5.75 million
Truck accident death
$3.55 million
18-wheeler death
Past results do not guarantee a similar outcome.
Working Directly With Greg
I founded Baumgartner Law Firm in 1985. I hold a J.D. and an LL.M. and graduated from the Trial Lawyers College. I keep a selective caseload so I can remain personally involved in the families’ cases we accept.
You should understand what we are investigating, why it matters, and what comes next. I explain the evidence and practical limits as the case develops, and I prepare accepted cases with trial in mind.
What Is Wrongful Death Under Texas Law?
A wrongful death claim allows certain family members to seek compensation when someone dies because of another person’s or company’s legally wrongful conduct. Under Texas law, the surviving spouse, children, and parents may generally bring the claim. The lawsuit focuses on what the family lost, including companionship, guidance, emotional support, and financial contributions.
I also look at whether the estate has a separate survival claim for injuries and losses the person experienced before death. These are different claims, and a family may have both.
Texas Wrongful Death Claims in Brief
The family’s claim and the estate’s claim address different losses. I review both when evaluating a fatal injury.
Question | Brief answer |
Who may file? | Texas wrongful death claims are for the surviving spouse, children, and parents. The family’s relationships and legal status need to be reviewed. |
What losses may the family recover? | Potential damages include mental anguish, lost companionship, care and guidance, lost financial support and services, and other losses supported by the facts. |
What is a survival claim? | It preserves the claim the deceased person could have brought. It can include medical expenses, lost earnings, and conscious pain and mental anguish before death. The recovery belongs to the estate. |
What is the filing deadline? | Most Texas wrongful death lawsuits must be filed within two years of death. Exceptions can affect the deadline, and government claims may require notice sooner. Survival-claim deadlines need a separate review. |
Why investigate early? | Video can be erased, vehicles repaired, and job sites changed. We work to preserve the evidence before that happens. |
When I document a family’s loss, I ask about the person’s role in daily life. Pay and benefits matter, but so do childcare, household help, advice, and companionship. Family accounts, photographs, messages, and employment records help explain what changed after the death.
For the detailed eligibility rules, read who can file a Texas wrongful death claim.
Our guide explains how Texas wrongful death settlements are divided among eligible family members.
Read more about the estate’s separate survival claim and the losses it may cover.
Our guide to Texas wrongful death filing deadlines explains why timing needs an individual review.
Punitive damages require additional proof and are not available in every case. Read about exemplary damages in Texas injury cases.
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. |
Texas preserves the deceased person’s claim through Civil Practice and Remedies Code Section 71.021. Our guide to survival actions in wrongful death cases explains the difference in more detail.
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 consortium for 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.
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 accidents caused by speeding, distraction, unsafe turns, impaired driving, or other negligence.
- Commercial truck and 18-wheeler crashes involving driver logs, electronic data, maintenance records, hiring practices, and company safety policies.
- Drunk-driving crashes that may support claims against the driver and, in some cases, a bar or alcohol provider.
- Construction and workplace fatalities involving contractors, subcontractors, property owners, equipment providers, and employers.
- Defective products involving unsafe vehicles, machinery, consumer products, or industrial equipment.
- Fatal drowning accidents involving 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 in Houston and 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 Investigate a Fatal Injury
I begin by identifying evidence that could disappear. In a crash, that may include the vehicles, electronic data, scene video, witness accounts, and company records. In a workplace death, it may include equipment, site conditions, contracts, and safety records. Medical and autopsy evidence can help explain how the fatal injury occurred.
I also ask who controlled the work, vehicle, property, or product involved. The answer may identify another responsible party or an insurance policy worth reviewing. A company’s involvement does not establish fault by itself; we need evidence connecting its conduct to the death.
If the defense blames the person who died, I test that account against independent evidence. I work with the experts the case needs and prepare the evidence for trial while keeping the family informed.
Our evidence guide explains how we prove a Texas wrongful death claim in more detail.
How Fault Can Affect Compensation
Texas follows a modified proportionate-responsibility rule. Under Texas Civil Practice and Remedies Code Section 33.001, a wrongful death claimant generally cannot recover if the deceased’s percentage of responsibility for the accident 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.
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
Speak With Greg About Your Family’s Loss
You do not need every report or record before calling. Tell me what happened, when it happened, and which family members were affected. I will first explain whether the firm can help and what needs attention.
Call (281) 587-1111 or tell Greg about your family’s loss to request a free, confidential consultation. There is no attorney fee unless we recover compensation for your family.
Houston Wrongful Death FAQs
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
A Houston Law Firm Where Your Family Matters
At Baumgartner Law Firm, wrongful death cases are personal. For more than 40 years, I have represented Texas families facing some of the most difficult times in their lives.
I limit the number of cases my firm accepts so I can give each family the time, attention, and preparation their case deserves. When you hire my firm, you work directly with me—not a revolving team of attorneys or case managers.
My office is in northwest Houston, and I welcome the opportunity to meet with your family, answer your questions, and explain your legal options.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
Call (281) 587-1111 | Free, confidential consultation | No attorney fee unless we recover compensation.
We will answer you within 24 hours via email, or you can call us directly for immediate help!