Understanding Wrongful Death Claims in Houston

March 22, 2025 by Greg Baumgartner

The phone rings at 2 AM. The hospital needs you there immediately. By the time you arrive, they’re gone. Someone’s negligence just stole your loved one forever. These kinds of situations are heartbreaking, leaving a person shattered and not in the right mind to fight legal battles. However, acting alone is hard; someone must stand up for the deceased. You want to hire a professional who can fight for the wrongful death of your loved one. Understanding wrongful death claims in Houston can help you navigate these challenging times.

Talking to a Houston wrongful death attorney isn’t the first thing on anyone’s mind after tragedy strikes. But waiting too long can mean losing the chance to get justice. Texas law only gives families two years to file – that time vanishes faster than most realize. 

Call Us Now for a Free Case Consultation – (281) 587-1111

When Does Texas Consider a Death “Wrongful”?

Not every tragic death qualifies for legal action. Texas requires deaths to result from someone’s:

• Carelessness or negligence
• Reckless behavior
• Deliberate harmful actions
• Failure to maintain safety standards

Car wrecks kill more Texans than almost anything else. When someone speeds, texts while driving, or drives drunk, they’re legally responsible for the deaths they cause. Medical mistakes rank third in causing preventable deaths nationwide. Workplace accidents, especially in Houston’s industrial sector, leave families devastated every year.

One grieving Houston mother never imagined suing until learning the truck driver who killed her son had three previous accidents – all linked to the same mechanical failure his employer never fixed. 

Who Can File a Claim?

Texas doesn’t let just anyone file wrongful death lawsuits. Only these people can bring a wrongful death lawsuit:

• Spouses
• Children (including adopted children, but not step-children)
• Parents (including adoptive parents)

Not siblings. Not grandparents. Not unmarried partners – no matter how long they lived together. Common law marriage must be proven to be counted.

If none of these relations file within three months, the executor might file instead unless family members specifically block it. 

What Money Can (and Can’t) Do After Loss

Nothing brings back loved ones. But compensation provides a slight sense of justice.

Some cases also allow punitive damages that punish truly reckless behavior – like the Houston company fined millions after knowingly using equipment they’d been warned would eventually kill someone. 

Two Different Legal Claims After a Death

Most don’t realize Texas allows two separate legal actions:

Wrongful death claims belong to family members for their suffering and losses.

Survival actions belong to the estate for what the deceased experienced before death – including their pre-death pain, medical bills, and lost wages. This money goes to the estate, not directly to the family. 

When to Make That Call

People delay talking to attorneys for many reasons:

• It feels wrong during the grieving period
• They assume insurance will be fair
• They worry about costs
• They don’t want to seem money-hungry

Yet waiting creates problems. Evidence vanishes. Witnesses forget. And that two-year clock keeps ticking.

Most attorneys offer free first consultations and work on contingency, meaning families pay nothing unless they win. That initial conversation simply helps families understand their options without obligation. 

Questions Worth Asking Any Attorney

Before hiring help, ask:

• “What percentage of your practice focuses on wrongful death specifically?”
• “What’s your track record of settlements versus trials?”
• “Will you personally handle this case or pass it to junior attorneys?”
• “How do you communicate with clients during difficult cases?”
• “What challenges do you see in our specific situation?”

An attorney who gives vague answers or makes unrealistic promises isn’t the right choice for something this important. 

Beyond Money: Finding Closure

When a Houston jury ruled against the company whose safety violations killed a father of three, his widow later said, “The verdict won’t bring him back, but knowing they can’t do this to another family means his death wasn’t completely pointless.”

Other families use settlements to create scholarships, fund research, or advocate for safety changes.

Get a FREE CONSULTATION With an Experienced Wrongful Death Attorney at Baumgartner Law Firm

Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
 
6711 Cypress Creek Pkwy 
Houston, TX, 77069

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