Houston Wrongful Death Lawyer
Experience You Can Trust When It Matters Most
Legally Reviewed by Greg Baumgartner | Updated April 18, 2026.
Losing a loved one to someone else’s negligence is devastating. When a fatal crash, workplace incident, or other preventable event occurs, your family deserves clear answers, true support, and legal representation committed to holding the responsible party accountable.
For more than 40 years, Greg Baumgartner has represented grieving families after the death of a loved one, in Houston and across Texas. We handle wrongful death cases with personal attention, immediate investigation, and trial-ready preparation from day one. If you have questions about your family’s rights, we offer a free consultation, and you pay no fee unless we recover compensation for you.
40+ years of experience | Direct attorney access | No fee unless we win | Major wrongful death and injury results |
Call (281) 587-1111 for a free, confidential consultation.
Texas Wrongful Death Claims: Key Answers for Families
- In Texas, wrongful death claims may be brought by the surviving spouse, children, and parents of the deceased.
- Wrongful death claims and survival actions are often pursued together, but they compensate for different losses.
- Wrongful death damages compensate family members for their own losses, including mental anguish, loss of companionship, and loss of financial support.
- Survival claims seek damages the deceased person could have recovered had they lived, such as pre-death medical bills, pain and suffering, and economic damages and related losses.
- Texas wrongful death claims must be filed within two years, but do not wait to get legal representation.
- Early action after the death of a loved one matters because critical evidence can disappear quickly.
For a FREE Consultation Call Us Today (281) 587-1111
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Why Families in Houston Hire Our Firm
Wrongful death cases are not routine insurance claims. They are high-stakes cases that often require immediate evidence preservation, coordination with experts, and a law firm willing to push back when an insurer tries to minimize the value of a life. We fight for maximum compensation after the death of a loved one.
Greg Baumgartner personally handles every wrongful death case. He holds both a J.D. and an LL.M., is a graduate of the Trial Lawyers College, and has spent decades building cases against negligent drivers, trucking companies, businesses, contractors, and other defendants in fatal accident cases. When you hire our firm, your case is not handed off to a revolving team. We maintain a selective caseload to provide families with the focused representation they deserve.
We also understand the types of fatal incidents that affect families in the Houston area, including freeway collisions, commercial truck crashes, construction and industrial deaths, drunk driving wrecks, and other catastrophic events. That local and case-specific experience matters when the defense begins working immediately to protect itself.
- Direct attorney handling
- 40+ years litigating fatal injury cases
- Trial-ready preparation from day one
Who you choose matters- Call us 24/7. Let us fight for maximum compensation for your family after the loss of your loved one!
Recent Results
Confidential – Drunk driving wrongful death claim involving both the at-fault driver and a potential dram shop claim.
$6,000,000 – Car accident wrongful death case. After the insurer refused a fair offer, a suit was filed, and discovery exposed the full facts.
$5,750,000 – Fatal head-on collision caused by a distracted driver crossing the center line.
$5,000,000 – Commercial trucking fatality in Harris County involving liability against both the trucking company and a maintenance contractor.
Confidential – Construction site fatality in which the defense blamed the decedent before the case was successfully resolved.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim allows certain surviving family members to seek compensation when a person dies because of another party’s wrongful act, neglect, or carelessness. In practical terms, these cases often arise after fatal car accidents, truck wrecks, workplace incidents, dangerous property conditions, defective products, or violent misconduct. In many wrongful death cases, non-economic losses such as mental anguish, loss of companionship, and loss of guidance can be a major part of the claim.
Under Texas Civil Practice & Remedies Code § 71.004, the surviving spouse, children, and parents are typically the only people allowed (who have “standing”) to file a wrongful death claim. Siblings do not have that right. Sometimes, an executor or administrator (a person chosen to manage the deceased’s estate) may become involved in estate claims, but the family’s wrongful death claim and the estate’s claim are separate legal actions.
Wrongful Death Claim vs. Survival Action
These are separate claims, and families often need both.
A wrongful death claim compensates surviving family members for their own losses caused by the death. Those losses may include loss of companionship, mental anguish, loss of financial support, loss of services, and loss of care, maintenance, advice, and counsel.
A survival action is a legal claim filed by the deceased person’s estate. See Texas Civil Practice & Remedies Code Section 71.021. It seeks compensation for damages the deceased could have claimed if they had lived, such as medical expenses incurred before death, conscious pain and suffering (the physical and emotional pain the person experienced before passing), mental anguish, and, in some cases, lost earnings between the injury and death.
Many families may have both claims, but the compensation goes to different parties and covers different losses.
Who Can File a Wrongful Death Lawsuit in Texas?
The surviving spouse, biological or adopted children, and parents of the deceased have the legal right (standing) to file a wrongful death claim. The claim can be made by one eligible family member for everyone who qualifies, or by several eligible people together.
Questions often come up in blended families, estranged family situations, and cases involving adult children. These cases can be complex under the law, but the basic point is that not every relative can sue. Whether someone is eligible (has standing) should be reviewed early so the claim is set up correctly from the start.
Under Texas law, siblings generally cannot file a wrongful death claim. Eligible claimants are usually the surviving spouse, children, and parents.
What Damages Can Be Recovered?
Wrongful death damages focus on the losses suffered by the surviving family. Depending on the facts, recoverable damages may include loss of the financial support the deceased would have provided, loss of household services, loss of inheritance, funeral and burial expenses, loss of companionship and society, loss of consortium for a surviving spouse, loss of parental guidance for children, and mental anguish.
Survival damages are different. They may include the deceased person’s medical bills, conscious pain and suffering, and other damages sustained between the injury and death.
Punitive damages, also called exemplary damages, are extra amounts the court may award to punish especially bad conduct, such as gross negligence, willful acts, or extremely dangerous actions (like drunk driving or extreme misconduct by a company). Not every case qualifies for punitive damages, but when the facts meet the requirements, this type of compensation can increase the value of the case.
How Our Houston Wrongful Death Lawyer Builds a Strong Case
To recover compensation, the case must show that the defendant owed a duty, breached that duty, caused the death, and caused legally compensable damages. Those legal elements sound simple, but proving them well requires evidence.
Depending on the case type, that evidence may include police reports, scene photos, surveillance footage, dash camera video, 911 calls, witness statements, autopsy or medical examiner findings, toxicology, vehicle downloads, truck electronic data, maintenance records, company safety files, inspection records, phone records, and expert analysis.
In Houston wrongful death cases, early investigation is often critical. Commercial vehicles may be repaired or returned to service. Security footage may be deleted within days. Worksites may change. Witnesses may become difficult to locate. The sooner counsel gets involved, the more likely it is that important evidence can be preserved.
Why timing matters:
- Preserve vehicles and black box data
- Request surveillance before deletion
- Identify witnesses early
- Secure employer and maintenance records
- Protect against blame-shifting defenses
How Fault Affects Compensation in Texas
Texas follows a modified comparative responsibility rule. If the deceased is found 51 percent or more responsible, recovery may be barred. If the deceased is found partially at fault but less than 51 percent responsible, compensation may be reduced in proportion to that percentage.
Insurance companies and defense lawyers often use this rule aggressively. In fatal cases, they may argue that the deceased was speeding, distracted, impaired, failed to yield, failed to wear a seat belt, or ignored a known danger. In industrial and construction cases, they may claim the worker caused the incident by violating a safety rule. These arguments can dramatically affect value, which is why prompt investigation and careful case framing matter.
The Deadline to File a Wrongful Death Claim
Texas wrongful death claims must generally be filed within two years under Texas Civil Practice & Remedies Code § 16.003(b). Families should not confuse this filing deadline with the practical deadline for beginning to protect the case. Long before a statute issue arises, evidence can be lost, defendants can shape the narrative, and insurers can try to obtain statements that weaken the claim.
Waiting is rarely helpful in a fatal case. Even if the family is still gathering information or deciding what to do, an early legal review can help preserve options and prevent avoidable problems.
What to Do After a Fatal Accident
After a fatal accident or incident, families are often overwhelmed. A few early steps can still make a difference. Talk with an experienced local wrongful death attorney as soon as you are able. Acting quickly can preserve crucial evidence and prevent the defense from gaining an unnecessary early advantage.
Keep receipts and records of funeral expenses and other financial losses. Save photographs, texts, emails, and any information that may identify witnesses.
In Houston-area cases, local records and investigations can become important very quickly, especially in truck, industrial, and roadway fatalities.
Need answers about a Houston wrongful death claim?
We offer free consultations for families who have lost a loved one. You can speak directly with Greg Baumgartner about who may file a claim, what damages may be available, and what steps to take now to protect the case.
Common Types of Fatal Accident Cases We Handle
Our firm handles wrongful death claims arising from fatal car accidents, commercial truck collisions, drunk driving crashes, workplace and construction incidents, refinery and industrial accidents, defective products, dangerous premises, and other serious events caused by negligence.
Each of these case types has different evidence issues and different liability questions. A truck death case may turn on driver logs, electronic data, hiring practices, and maintenance failures. A fatal refinery or plant case may involve contractors, site safety rules, lockout/tagout issues, or equipment failures. A drunk driving case may raise both individual liability and dram shop issues.
Fatal motor vehicle crashes remain a major cause of wrongful death in Texas and Harris County, according to TxDOT crash data.
Recent Wrongful Death Client Review
“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.
I am beyond grateful for the care and commitment they gave to my case. If you are ever in need of a lawyer who truly fights for you while also showing genuine compassion, I highly recommend Greg Baumgartner Law Firm!”
-Crystal Morrison
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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.
Here are some common questions about wrongful death cases in Texas:
Do I need a lawyer for a wrongful death claim?
You are not legally required to hire one, but wrongful death cases are rarely simple. The defense usually starts working immediately, and families often do not yet know what evidence exists or what categories of damages apply.
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 siblings file a wrongful death case in Texas?
Generally, no. Texas wrongful death claims are typically limited to the spouse, children, and parents.
What is the cost of hiring a Houston wrongful death attorney?
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.
What if there is a criminal case too?
A criminal case and a civil wrongful death case are separate matters. A criminal prosecution may punish the wrongdoer, but it does not replace the family's right to pursue civil compensation.
How is a settlement divided among family members?
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.
What if my loved one was partly at fault?
A partial fault does not automatically defeat the case. But it can reduce compensation, and if the deceased is found 51 percent or more responsible, recovery may be barred. That is one reason insurers often try to shift blame quickly.
Here’s What Our Clients are Saying
Contact a Top-Rated Houston Wrongful Death Lawyer - Consultations are always FREE!
If your family lost a loved one because of someone else’s negligence, you may be dealing with grief, financial pressure, unanswered questions, and pressure from insurance representatives all at once. You do not have to sort through that alone.
We help families in Houston understand what claims may be available, what evidence should be preserved, and what steps to take next. We offer free consultations, honest case evaluations, and representation on a contingency-fee basis, meaning you pay nothing unless we recover compensation for you.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
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