Helping Houston Families Seek Justice After a Tragic Loss
Losing a loved one is devastating under any circumstances. When that loss results from someone else’s negligence, recklessness, or wrongful act, the pain is compounded by a profound sense of injustice. While no amount of money can replace your loved one or ease your grief, a wrongful death claim can provide financial security for your family’s future and hold the responsible parties accountable.
At 713 Justice, we understand the immense emotional toll of losing a family member. Our compassionate Houston wrongful death attorneys are here to guide you through this difficult time with sensitivity and respect while fighting aggressively for the compensation your family deserves.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone dies due to another person’s or entity’s negligent, reckless, or intentional conduct. These claims allow certain family members to recover compensation for their losses when their loved one’s death could have been prevented.
Under Texas law, a wrongful death occurs when death is caused by:
Another person’s wrongful act, neglect, carelessness, unskillfulness, or default. This broad definition covers many situations where someone’s failure to exercise reasonable care results in a fatality.
Wrongful death claims serve two important purposes: providing financial support for surviving family members who depended on the deceased, and holding negligent parties accountable to prevent similar tragedies from happening to other families.
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Who Can File a Wrongful Death Claim in Texas?
Texas law is specific about who has the legal right to bring a wrongful death lawsuit. Only certain family members, known as statutory beneficiaries, can file:
The surviving spouse. A husband or wife of the deceased has the right to file a wrongful death claim.
Children of the deceased. This includes biological children, adopted children, and in some circumstances, stepchildren who can demonstrate dependency.
Parents of the deceased. The mother and father of the deceased person can file a claim, regardless of the deceased person’s age.
These family members can file the claim together or individually. If eligible family members choose not to file within three months of the death, the executor or administrator of the deceased person’s estate may file on behalf of the statutory beneficiaries.
Importantly, other relatives such as siblings, grandparents, aunts, uncles, or other extended family members do not have standing to bring a wrongful death claim under Texas law, even if they were close to the deceased.
Wrongful Death vs. Survival Actions
Texas law recognizes two types of claims when someone dies due to another’s negligence:
Wrongful Death Claims
Wrongful death claims compensate surviving family members for their own losses resulting from the death. This includes their loss of companionship, emotional suffering, loss of financial support, and other impacts on their lives.
Survival Actions
Survival actions compensate the deceased person’s estate for losses the deceased person experienced before death. This includes the deceased person’s medical expenses, pain and suffering, lost wages, and other damages from the time of injury until death.
These are separate legal claims with different beneficiaries and different types of recoverable damages. An experienced wrongful death attorney can pursue both claims to ensure your family receives full compensation.
Common Causes of Wrongful Death
Our Houston wrongful death lawyers represent families whose loved ones died due to various forms of negligence:
Motor vehicle accidents. Car crashes, truck accidents, motorcycle collisions, drunk driving accidents, hit-and-run incidents, and pedestrian accidents caused by negligent drivers.
Medical malpractice. Surgical errors, misdiagnosis or delayed diagnosis of serious conditions, medication errors, birth injuries, anesthesia mistakes, or nursing home neglect.
Workplace accidents. Construction site fatalities, industrial accidents, exposure to toxic substances, equipment failures, or violations of workplace safety regulations.
Defective products. Dangerous drugs, defective medical devices, faulty automobile parts, defective machinery, or other products with design or manufacturing defects.
Premises liability. Negligent security leading to assault or murder, swimming pool drownings, slip and fall accidents, building fires, or other dangerous property conditions.
Criminal acts. Assault, murder, or other violent crimes when property owners, employers, or others failed to provide adequate security or take reasonable precautions.
Nursing home abuse and neglect. Bedsores, malnutrition, medication errors, physical abuse, or failure to provide necessary care in long-term care facilities.
Pedestrian and bicycle accidents. Drivers failing to yield, distracted driving, or other negligence causing fatal accidents.
Recreational accidents. Boating accidents, amusement park incidents, sports-related deaths, or other recreational activity negligence.
Aviation accidents. Plane crashes, helicopter accidents, or other aviation incidents caused by pilot error, mechanical failures, or maintenance negligence.
Texas Wrongful Death Laws
Understanding Texas-specific laws is crucial to pursuing a successful wrongful death claim:
Two-year statute of limitations. You generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically means losing the right to pursue compensation forever.
Three-month family priority period. Only statutory beneficiaries (spouse, children, parents) can file during the first three months after death. After three months, the estate representative can file on their behalf.
Comparative negligence applies. If your loved one was partially at fault for the incident that caused their death, the recovery may be reduced by their percentage of responsibility. However, if they were more than 50% at fault, no recovery is possible.
Proving negligence required. You must establish that the defendant’s negligent, reckless, or wrongful conduct caused your loved one’s death.
Separate claims for survival action. The estate can simultaneously pursue a survival action for damages the deceased person experienced before death.
Criminal cases don’t prevent civil claims. You can pursue a wrongful death lawsuit regardless of whether criminal charges were filed. Civil cases have a lower burden of proof (preponderance of evidence vs. beyond reasonable doubt).
Settlement distribution. Texas law doesn’t dictate how wrongful death damages are divided among beneficiaries. The family members decide, or a court determines if they cannot agree.
Minor children and settlements. When minor children are beneficiaries, court approval is required for settlements, and funds are typically placed in supervised accounts until the child reaches adulthood.
Damages in Wrongful Death Cases
Texas law allows wrongful death beneficiaries to recover various types of compensation:
Economic Damages
Loss of financial support. Compensation for the income and benefits your loved one would have provided throughout their expected lifetime.
Loss of inheritance. The value of savings, property, and assets your loved one would have accumulated and passed to heirs.
Loss of services. The value of household services, childcare, maintenance, and other contributions your loved one provided.
Funeral and burial expenses. Reasonable costs of final arrangements, memorial services, and interment.
Medical expenses. Bills incurred for treatment of the fatal injury before death (recoverable through survival action).
Non-Economic Damages
Loss of companionship and society. Compensation for the lost relationship, guidance, affection, and emotional support your loved one provided.
Loss of love and affection. The intangible emotional bonds and love that can never be replaced.
Mental anguish. The emotional pain, grief, and suffering caused by the loss of your loved one.
Loss of care and guidance. Particularly important when a parent dies, leaving children without guidance and nurturing.
Loss of household services. The value of tasks, chores, and household management your loved one performed.
Texas does not cap damages in most wrongful death cases. However, medical malpractice cases are subject to statutory limits on non-economic damages. There is no limit on economic damages in any wrongful death case.
The Value of Legal Representation: Why Lawyers Get Better Results
Statistics Show Represented Claimants Receive Higher Compensation
Research consistently demonstrates that accident victims who hire personal injury lawyers receive significantly more compensation than those who handle claims themselves:
- 3.5x Higher Settlements: According to Insurance Research Council studies, accident victims represented by attorneys receive settlements that are 3.5 times higher on average than those who settle without legal representation
- Better Results Even After Legal Fees: Even after paying attorney fees, represented claimants typically net more money than unrepresented victims
- Higher Success Rate: Lawyers successfully resolve claims in over 95% of cases, compared to much lower success rates for self-represented individuals
- Faster Resolution: Experienced attorneys often resolve cases more quickly by knowing how to navigate insurance company procedures and legal requirements
The Cost of Going It Alone
Unrepresented accident victims often fall into common traps that cost them thousands of dollars:
Quick Settlement Pressure: Insurance companies rush unrepresented victims into early settlements before the full extent of injuries is known
Undervalued Claims: Without legal knowledge, victims often accept far less than their claims are worth
Waiving Important Rights: Unrepresented claimants may unknowingly sign releases that prevent future claims for ongoing medical issues
Missing Deadlines: Failure to meet legal deadlines can result in complete loss of the right to compensation
Inadequate Documentation: Improper case preparation can significantly reduce claim value
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit?
Texas law gives you two years from the date of death. However, the sooner you contact an attorney, the better chance we have to preserve evidence and build a compelling case. Waiting too long can result in lost evidence, faded memories, and diminished witness credibility.
What if my loved one was partially at fault?
Texas applies comparative negligence. If your loved one shared some responsibility, your recovery may be reduced proportionally. However, you cannot recover if your loved one was more than 50% at fault. An experienced attorney can challenge fault allegations and maximize your recovery.
Can I file a claim if there's also a criminal case?
Absolutely. Criminal and civil cases are separate proceedings with different purposes and standards of proof. You can pursue a civil wrongful death claim regardless of whether criminal charges are filed or the outcome of a criminal case.
What if the responsible party has no insurance?
We explore all potential sources of compensation, including the defendant's personal assets, business insurance policies, umbrella policies, and other liable parties who may have insurance coverage. We also investigate whether your own insurance provides coverage for uninsured/underinsured parties.
What if my loved one died without a will?
The probate court will appoint an estate representative who can file a survival action on behalf of the estate. Wrongful death claims can be filed by statutory beneficiaries regardless of whether there's a will.