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Wrongful death claims

HOUSTON WRONGFUL DEATH LAWYERSFor families facing the unthinkable.

Nothing can undo the loss of someone you love. A wrongful death claim can hold the responsible party accountable and provide financial stability for the family left behind. We handle the insurers and the legal process so your family can focus on each other.

Texas law

WHO CAN bring a claim.

Texas law allows specific family members to bring a wrongful death claim, and the person's estate can bring a separate claim.

SURVIVING SPOUSE

A husband or wife of the person who died.

CHILDREN

Including adult children and adopted children.

PARENTS

Including adoptive parents.

THE ESTATE

The estate can bring a survival claim for what the person could have claimed had they lived. If no family member files within three months of the death, the estate's representative may bring the wrongful death claim too, unless the family asks them not to.

Siblings generally can't bring a wrongful death claim in Texas, though they may be heirs of the estate.

What can be recovered

WHAT A CLAIM can recover.

No amount of money replaces a person. But Texas law recognizes the real losses a family suffers.

  1. 01Lost financial supportThe income, benefits and household services the person would have provided.
  2. 02Loss of companionship and guidanceThe love, comfort, advice and companionship the family has lost.
  3. 03Mental anguishThe emotional pain and grief of the surviving spouse, children and parents.
  4. 04Lost inheritanceWhat the person would likely have saved and left to the family.
  5. 05The estate's claimMedical bills, funeral and burial expenses, and the pain the person suffered before death. Punitive damages may also be available in cases of gross negligence.
When you're ready

WHAT TO DO in the weeks ahead.

1. TAKE CARE OF YOUR FAMILYThere is time, but not unlimited time. You don't need to make any decisions about a claim in the first days.
2. KEEP RECORDSHold on to the death certificate, police or incident reports, medical bills and funeral receipts.
3. DON'T SIGN ANYTHINGInsurers sometimes contact families early. Don't give statements or sign releases before talking to a lawyer.
4. ASK ABOUT THE ESTATESome claims must be brought by the estate's representative, which may require a probate court appointment. We can help you understand what's needed.
How we work

No family should have to negotiate with an insurance company while grieving. We take those calls, and we keep you informed at every step.

WRONGFUL DEATH FAQ

How long do we have to file a wrongful death claim in Texas?

Generally two years from the date of death. Claims involving a government entity can require written notice much sooner, often within six months. Some situations have other deadlines, so it's important to get advice early.

What's the difference between a wrongful death claim and a survival claim?

A wrongful death claim compensates the spouse, children and parents for their own losses. A survival claim is brought on behalf of the estate for what the person could have claimed had they lived, such as medical bills and pain before death.

Do criminal charges affect a wrongful death case?

They're separate. A civil claim can go forward whether or not there are criminal charges, and the burden of proof is lower. A criminal conviction can be helpful evidence, but it isn't required.

Can more than one family member bring the claim?

Yes. The spouse, children and parents can bring the claim together, and usually do so in a single lawsuit for the benefit of all of them.

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