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 have extensive experience representing grieving families, and we are committed to supporting them with compassion and dedication throughout the legal process.

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 legal consultation to help your family understand your rights and options.

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ABOUT GREG BAUMGARTNER

A Passion For Justice. The Experience For Win.

Greg Baumgartner, founder of Baumgartner Law Firm, has dedicated four decades to representing families who have lost loved ones due to negligence or wrongful acts. As a Houston wrongful death attorney with a perfect 10 AVVO rating, Greg is recognized as one of the best wrongful death lawyers in Texas. He has secured millions in compensation for grieving families throughout Houston and across the state. Greg brings unparalleled experience to every case, holding dual law degrees (a distinction shared by less than 1% of Texas attorneys) and completing the prestigious Trial Lawyers College program.

When you lose a family member to someone else’s negligence, you deserve more than just a case number. Our legal team provides compassionate representation while aggressively pursuing the justice and compensation your family deserves. We understand the profound impact of wrongful death and have the expertise and resources to handle even the most complex cases. Contact our Houston wrongful death law firm for a consultation and let us fight to hold the responsible parties accountable while you focus on healing.

Call us 24/7. Let’s start fighting together,

(281) 587-1111 or Book Appointment

More about us

Greg Baumgartner

Lead Trial Lawyer at 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, including securing the financial support your family needs after a wrongful death.

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.

Our firm is dedicated to helping clients recover compensation and recover damages for their losses, ensuring you receive the justice and support you deserve.

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.

CALL NOW (281) 587-1111

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.

Under Texas law, other family members, such as siblings, grandparents, or cousins, are generally not eligible to file wrongful death claims or survival actions.

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.

Accident reports are essential evidence in these cases, as they help establish the facts and counter insurance company tactics aimed at blaming the victim.

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.

We assist families with various legal claims related to wrongful death, including both wrongful death claims and survival actions, to help secure the financial compensation they deserve.

Our process for your wrongful death case is as follows:

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:

Documenting serious injuries is crucial in cases involving severe or fatal outcomes, as this evidence is essential for establishing liability and determining the extent of damages.

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.

A wrongful death accident is an incident resulting in death due to the negligence or misconduct of another party.

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.

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, such as employer negligence involving unsafe working conditions, faulty equipment, or violations of OSHA regulations. In medical malpractice wrongful death cases, medical negligence—such as errors or malpractice by healthcare professionals—can also constitute a breach of duty. 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. Wrongful death damages typically compensate surviving family members for the losses they have suffered as a result of a loved one's death. 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 Financial Support
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.

The goal of a wrongful death lawsuit is to help families recover damages for their losses, including both financial support and non-economic harm.

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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 may be appointed to manage a deceased person’s estate. They can bring a claim on behalf of the estate.
Section 71.004 allows for the recovery of damages.

Which includes the loss of:

A survival action allows the deceased person’s estate to pursue a personal injury claim that survives the individual’s death, seeking 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

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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 a wide range 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.

A survival claim is a type of personal injury claim that continues after the victim’s death, allowing the estate to recover damages the deceased could have claimed if they had survived. This is different from a wrongful death claim, which compensates family members for their own losses.

Texas wrongful death damages cover things like:

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:

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.

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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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Here’s What Our Wrongful Death Clients are Saying

“DEDICATED TO HELPING HIS CLIENTS AND GOING THE EXTRA MILE TO GET THINGS DONE” He is an attorney that is dedicated to helping his clients and going the extra mile to get things done. I would not hesitate to use him again and he is the only attorney that our family will use in the future. I honestly could not ever imagine such a great experience coming out of such an awful accident.

R. Alcorn

“I WOULD 100% RECOMMEND THE BAUMGARTNER LAW FIRM” I would 100% recommend the Baumgartner Law Firm to any friends and family who not only wanted to the best outcome but wanted a lawyer who listened and upheld the integrity of Law and client to attorney relationship.

S. Arnold

“BEST ATTORNEY IN THE WORLD!!!!!” Best Attorney in the World!!!!! I did not have a very high opinion of attorneys until I met Greg Baumgartner. He is the most decent and honest attorney I have ever dealt with.

K. Kaiyune

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Contact our Houston injury attorney for a free, no-obligation initial consultation. Our Houston law firm represents crash victims in Harris County and Southeast Texas. We have won hundreds of millions for wrongful death victims and can help you, too!

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111

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