Baytown Wrongful Death


Experienced Baytown Wrongful Death Lawyers Help Families Recover After a Tragic Loss

Mario did a great job on my case. He was extremely responsive and easy to work with. Thank you Mario and team for all your help. – Elizabeth W.

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At The de la Garza Law Group, we proudly represent families in all types of Baytown wrongful death claims.


Our team of experienced Baytown wrongful death attorneys works diligently to obtain maximum compensation for the loss our clients have endured.

Losing a loved one in any kind of accident is unspeakably tragic. Unfortunately, the grief and sadness accompanying the loss can be magnified if the accident was preventable.

The suffering that families of fatal accident victims must endure is tragic, and in some cases, preventable. Families who have lost a loved one must navigate not only the grieving process, they must also deal with the financial impact of their loss. Expenses from medical bills to funeral costs can quickly accumulate and are compounded by the fact the family no longer receives the accident victim’s salary. Families must also cope with the emotional loss of the company and support provided by their loved one.

The grief and sadness that accompany the loss of a loved one are only magnified if the accident was easily preventable. And in reality, the majority of fatal accidents could be avoided if only others would act with more care. We recognize that nothing can bring back a loved one who was lost in a senseless accident; however, with our help, families can hold the responsible parties accountable.


There were 3,893 motor vehicle accident deaths in Texas in 2020, despite there being less traffic on the roads for many months.

Texas leads the nation in workplace and traffic deaths.

Texas is a large state, and as a result, understandably sees more accident fatalities than more sparsely populated states. However, Texas consistently reports more workplace deaths than California, which has a higher population, and New York and Florida, with similarly sized populations.

And Texas has not seen a day without at least one traffic fatality since November 7, 2000.

Wrongful Death from Car Accidents

Fatal Car Accident Statistics

Types of Baytown Wrongful Death Claims

Car accidents are one of the leading causes of accidental death in Texas, with 3,610 traffic fatalities recorded in 2019 and 3,893 deaths in 2020. Out of around 2,260 motor vehicle accidents in Baytown in 2019, there were 10 fatal crashes that resulted in 11 deaths. Baytown has seen ups and downs in its fatal accident rate from 2014 to 2019. The city recorded 21 traffic fatalities in 2017, the highest number of deaths during that period.

At The de la Garza Law Group, we represent families in all types of Baytown wrongful death claims. Besides car crashes, here are some other accidents that can result in wrongful death:

  • Motorcycle accidents
  • Truck accidents
  • Slip-and-fall accidents
  • Workplace accidents
  • Explosions
  • Electrocutions

These are just a few of the more common accidents that can result in a Baytown wrongful death claim. However, families can pursue a claim against a negligent party after any fatal accident. Under Texas law, a family member has just two years to bring a wrongful death case, so prompt action is important.


Baytown Wrongful Death Lawyers

A wrongful death action is a type of Texas personal injury claim that family members can bring to obtain compensation for the loss of their loved one. In Texas, a spouse, child and parent can bring a wrongful death claim.

To establish liability in a Baytown wrongful death claim, the claimant must show that their loved one died as a result of the defendant's "wrongful act, neglect, carelessness, unskillfulness, or default."

Specifically, a family must be able to show that the named defendant 1.) owed a duty of care to their family member, 2.) violated that duty by an action or a failure to act, and that 3.) the defendant’s violation of that duty resulted in their loved one’s death.

Often, insurance companies and their teams of lawyers work to create elaborate defenses to evade liability. For this reason, the assistance of a knowledgeable Baytown wrongful death lawyer can be a valuable asset, helping you level the playing field and stand up against the insurance companies.

Houston Personal Injury Attorneys, The de la Garza Law Group

Aggressively Representing Baytown Fatal Accident Victims


There was always an answer from him every time I had a question.

Mario was very professional at all times. The one thing that made me at ease with him was that when I would text him, I would get a response every time within 10 minutes or less. - Robert C.

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What Damages Are Available in a Baytown Wrongful Death Action?

Nothing can bring back a family member who was killed in a senseless accident. However, the surviving spouses, children and parents may seek damages through wrongful death claims. Monetary damages consist of actual damages, and in some cases, exemplary (punitive) damages.

Actual damages include:

  • Pecuniary losses
  • Mental anguish
  • Loss of companionship and society
  • Loss of inheritance

What are pecuniary losses?
The category of pecuniary losses covers a range of items from income to advice and care. Specifically, pecuniary losses include the loss of the fatal accident victim’s earning capacity as well as the loss of their advice, counsel, services, care, maintenance and support. Pecuniary losses may also include expenses for a surviving family member's psychological treatment that resulted from the death.

What is loss of inheritance?
Loss of inheritance is defined as the present value that the victim would, in reasonable probability, have added to the estate and left at natural death to the statutory beneficiaries, but for the wrongful conduct that resulted in the death.

What are punitive damages?
In some cases, a judge or jury can award exemplary (punitive) damages. Unlike actual damages, punitive damages are not designed to compensate the plaintiff for their injuries. Instead, punitive damages focus on punishing the defendant for their, especially egregious behavior.

Damages in Houston Wrongful Death Cases

Punitive damages are rare and are awarded when the plaintiff can prove that the death was caused by the wrongdoer's willful act or omission or gross negligence.


Understanding Baytown Survival Actions

When someone's negligence causes a fatal accident, the victim's estate can recover damages that the deceased victim herself suffered as a result of the wrongdoing.

The "survival" action is brought on behalf of the deceased for the deceased's damages, including their physical pain and mental anguish that preceded the death, their medical bills, and their funeral expenses. It is called a "survival" action because the claim "survives" the deceased's death, allowing the deceased's estate to bring the claim.

A Team of Texas Personal Injury Lawyers Dedicated to Helping You Get Your Life Back on Track

Talk to a Baytown Wrongful Death Lawyer at The de la Garza Law Group

At The de la Garza Law Group, we know that no two cases are the same. Every client is special. Every case is personal. We know that to help our clients obtain the justice they deserve, we must get to know our clients and how the accident has impacted their lives. For this reason, we spend significant time getting to know the details of each client's case and always maintain awareness of the client's goals for the representation.

If you recently lost a loved one due to a fatal accident, contact The de la Garza Law Group today. We offer a free, no-obligation case evaluation. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.

We proudly represent clients in Baytown and throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe and Sugar Land.


Thank you! You guys are #1 to me.

Mr. Mario de la Garza and his team are one of a kind and hands down the best law firm in Houston. They really do care about you and take your case seriously. He takes your calls and actually takes the time to talk to you and explain how everything is going to work and he leaves no questions unanswered. I also want to say his team is the best! Lidia thank you so much for always replying to all my emails, calls and messages. All though I know I was a pain at times, she was always so responsive, patient and would always return my calls when she said she would. – Christina L.


I was fortunate to have him on my team and recommend him highly.

Mario de la Garza is a good lawyer. He secured insurance reimbursement for a personal injury that has taken 2.5 years settle. He was compassionate and patient and provided good counsel when solutions appeared non- existent. He was tenacious with medical providers, coordinated payments on a timely basis and worked well with insurance companies. I was fortunate to have him on my team and recommend him highly. - HP


My experience with The de la Garza Law Group was phenomenal.

Me being a 21 year old juggling my time as a full time employee and a full time college student dealing with a car accident sounded terrifying, but with the help of Mr. Mario de la Garza all my worries went away. He made the process so easy and met every one of my expectations and more. I would highly recommend The de la Garza Law group to anybody especially young adults who are terrified of having to deal with a car accident for the first time. Trust and believe The de la Garza Law Group will not disappoint. - Stefanie G.


Mario fought for every single penny in my case.

I was in a 18 wheeler car accident late August 2019. And as soon I got out the hospital, I looked up a good Injury attorney law firm to help me with this case. And the De la Garza law firm was the first one to pop up. They took care of me throughout the nine months. They have a great staff. With great people. I give them 5/5 stars. Mario fought for every single penny in my case. You got to respect a lawyer that’s willing to go beyond for you. I highly recommend De la Garza’s law firm. Thank you guys. - JW


I would definitely use Mario again.

The one thing that made me at ease with him was that when I would text him, I would get a response every time within 10 minutes or less. There was always an answer from him every time I had a question. He was always on time or a few minutes early when we had to meet up for things pertaining to my case. He would even work & reach out to me about my case on Saturdays & Sundays (7 days a week). I would definitely use Mario again if needed and would highly recommend him to someone else needing an attorney. - Robert C.


We are extremely grateful to The de la Garza Law Group

Our case pertained to an auto-pedestrian collision involving a commercial vehicle that resulted in catastrophic injuries to my brother. Unfortunately, and ultimately these injuries resulted in his wrongful death due to this hit and run in the Houston area. On behalf of my family, we are extremely grateful to The de la Garza Law Group for all their legal assistance. Mario de la Garza personally assisted in all legal matters pertaining to/and getting settlements for all medical bills and restitution for the family until the matter was concluded. We highly recommend this firm.
– Mariann B.


His team is very professional and I would highly recommend to anyone.

My experience with Mr. De la Garza was very pleasing during a difficult time. My case was a workplace injury causing serious injuries that unfortunately lead to a wrongful death. He was very patient with all of us due to several families being involved in this case and worked well with us all. I am glad he didn’t turn down our case (like others did). I was very pleased with how everything was handled in this case and the outcome as well. His team is very professional, and I would highly recommend to anyone. Thank you, Mr. de la Garza and team. – Lisa L.


I fully recommend The de la Garza Law Group for any legal representation.

Attorney Mario de la Garza, who is fluent in English and Spanish, is very professional and passionate about his work. My daughter and I are very satisfied with the outcome. At The de la Garza Group you will find a friendly and communicative staff, which along with the attorney, will handle your legal case with a very positive and professional demeanor. - Desiree D.


Thank you for your help.

My experience with De la Garza law group was a very long pleasant experience it was a little difficult to keep up with it since this was my 1st experience with an attorney, but he did really great to keep in touch even though I have a very busy schedule with work and hard to reach and was very informative before, and during the whole process. Thank you, Mr. de la Garza for your help. – Denise G.


It’s like a breath of fresh air having someone like Mario fight for you.

I have been a client of Mr. De la Garza two times now where he shows professionalism and honesty and a definite care for the people he represents. I got in a car accident in February and it caused such a hardship coming close to an end. It’s like a breath of fresh air having someone like Mario not only represent you but fight for you. I hope not to have any more accidents but if I did I will look forward to working with him again! – Ashley V.

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