No family should have to bury a loved one because of someone else’s negligence. No amount of money brings a person back — but holding the responsible party accountable matters. It provides financial security for a family left behind. It creates consequences for reckless behavior. And for many families, it is the only form of justice available.
Texas Legal Giants represents families who have lost a loved one to a fatal accident, medical error, workplace tragedy, or any other act of negligence throughout Greater Houston. We handle everything — so you can focus on your family.
Who Can File a Wrongful Death Lawsuit in Texas?
The Texas Wrongful Death Act defines exactly who has legal standing to bring a claim.
The husband or wife of the deceased has the right to file a wrongful death claim regardless of how long the marriage lasted.
Biological and legally adopted children. Adult children have equal standing to minor children under Texas law.
Biological or adoptive parents of the deceased may bring a wrongful death claim for the loss of their child.
If none of the eligible family members file within three months of the death, the estate’s executor or administrator may file on their behalf — unless the family specifically requests they do not. The overall statute of limitations is 2 years from the date of death under Texas Civil Practice & Remedies Code §16.003. Missing this deadline permanently bars the claim.
Siblings, grandparents, aunts, uncles, and other relatives generally do not have standing to bring a wrongful death claim under Texas law, regardless of how close the relationship was. This is one of the most important and often misunderstood aspects of Texas wrongful death law.
Wrongful Death vs. Survival Action: Two Different Claims
Texas law recognizes two distinct claims that often arise from the same fatal accident — and both can be filed simultaneously.
Wrongful Death Claim
Compensates the family for their own losses
- Loss of the deceased’s financial support
- Loss of companionship & society
- Loss of household services
- Mental anguish of surviving family
- Funeral and burial expenses
Survival Action
Compensates the estate for what the deceased experienced
- Medical expenses before death
- Pain & suffering before dying
- Lost earnings: injury to death
- Property damage
- Mental anguish before death
Common Causes of Wrongful Death in Houston
Wrongful death can arise from any negligent or intentional conduct that causes a fatal injury.
Motor Vehicle Accidents
Car accidents, 18-wheeler crashes, motorcycle collisions, and rideshare incidents. Often involve multiple liable parties and significant insurance coverage.
Workplace Accidents
Falls, explosions, equipment failures, and chemical exposures in Houston’s energy, construction, and port industries. May give rise to third-party claims beyond workers’ comp.
Medical Malpractice
When a doctor, hospital, or nurse deviates from the standard of care and that deviation causes death. These complex cases require expert medical testimony.
Premises Liability
Inadequate security, construction fall hazards, dangerous store conditions. Property owners who fail to maintain safe conditions can be held liable for fatal accidents.
Defective Products
Defective vehicles, medical devices, or industrial equipment. Manufacturers and distributors face strict liability when product defects cause fatal injuries.
Criminal Acts
Even intentional acts like assault or homicide can result in civil wrongful death liability — separate from any criminal prosecution, and with a lower burden of proof.
Compensation Your Family Can Recover
Texas wrongful death damages are designed to make surviving families as financially whole as possible.
Economic Damages
- Lost financial support
- Future earnings (actuarial)
- Household services value
- Medical bills before death
- Funeral & burial costs
Non-Economic
- Mental anguish
- Loss of companionship
- Loss of consortium
- Loss of society & comfort
- Loss of parental guidance
Punitive Damages
- Gross negligence cases
- Drunk driver deaths
- Known safety violations
- Concealed product defects
- Intentional misconduct
Under Texas Civil Practice & Remedies Code Chapter 41, courts can award exemplary damages when the defendant acted with gross negligence — conscious indifference to the rights or safety of others. Drunk drivers, employers who knowingly ignored safety hazards, and manufacturers who concealed known defects are the most common candidates. Punitive damages are separate from and in addition to your compensatory recovery.
What to Do After Losing a Loved One to Negligence
These steps protect your family’s legal rights during one of the most difficult times imaginable.
Preserve evidence immediately
Surveillance footage, vehicle black box data, and physical evidence disappear within days. An attorney can send legal preservation letters requiring parties to retain all relevant evidence before it is deleted or destroyed.
Collect all official reports
Police reports, accident investigation reports, OSHA investigation findings, and the medical examiner’s report are critical to proving your case. Request copies of everything as soon as they are available.
Do not speak to the other party’s insurer
Insurance adjusters may contact you within days of the death, offering quick settlements. These initial offers are almost always far below the true value of the case. Do not sign anything without an attorney reviewing it first.
Document your family’s financial losses
Save pay stubs, tax returns, and records of the deceased’s financial contributions to the household. Keep all receipts for funeral expenses, medical bills, and any other costs related to the death.
Contact Texas Legal Giants
We evaluate your case at no cost and handle every aspect of the legal process — evidence preservation, investigation, negotiations, and trial if necessary — while you focus on your family. You pay nothing unless we win.
Available 24/7 — we come to you if needed
Civil vs. Criminal: Understanding the Difference
Many families pursue civil wrongful death claims alongside — or after — a criminal prosecution.
Criminal Case
- Who files: The State of Texas
- Standard: Beyond a reasonable doubt
- Remedy: Prison, probation, fines
- Family’s role: Witnesses only
- Your control: None
Civil Wrongful Death
- Who files: The family
- Standard: Preponderance of evidence
- Remedy: Financial compensation
- Family’s role: The plaintiff
- Your control: Complete
A defendant acquitted criminally can still be found liable in your civil wrongful death case. The civil burden of proof is much lower — “more likely than not” rather than “beyond a reasonable doubt.” Many families have obtained civil justice after failed criminal prosecutions. The civil case belongs entirely to your family — you decide whether to settle, how much is acceptable, and whether to go to trial.
How Defendants Fight Wrongful Death Claims — And How We Counter
Insurance companies and corporate defendants use predictable tactics to minimize payouts to grieving families. We’ve seen every one.
Who has the right to file a wrongful death lawsuit in Texas?
Under the Texas Wrongful Death Act (§71.004), only the surviving spouse, children, and parents of the deceased may file. Siblings, grandparents, and extended family do not have standing, regardless of closeness. If eligible family members fail to file within 90 days of the death, the personal representative of the estate may file on the family’s behalf.
What is the value of a Texas wrongful death case?
Texas wrongful death cases typically recover economic damages (lost wages, benefits, household services, funeral costs), non-economic damages (mental anguish, loss of companionship and society), and — in egregious cases such as drunk driving or deliberate safety violations — punitive damages. High-earner cases and those involving gross negligence routinely resolve in the millions. The exact value depends on the deceased’s income, age, dependents, and the defendant’s conduct.
How long does a wrongful death lawsuit take in Texas?
Most Texas wrongful death cases settle within 12–24 months of filing, though complex cases involving multiple defendants or disputed liability may take 3–4 years to reach trial. The two-year statute of limitations (§16.003) means families should consult an attorney immediately — waiting not only risks losing the right to sue but also allows critical evidence (black boxes, surveillance footage, accident reports) to disappear.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Texas?
Under the Texas Wrongful Death Act (§71.004), only the surviving spouse, children, and parents of the deceased have standing to file. Siblings, grandparents, and other relatives generally do not qualify, regardless of how close the relationship was.
What is the statute of limitations for wrongful death in Texas?
Two years from the date of death under Texas Civil Practice & Remedies Code §16.003. This deadline is strict — missing it almost always bars the claim permanently. Evidence also disappears much faster. Contact an attorney as soon as possible.
What damages can our family recover?
Economic damages (lost financial support, household services, funeral costs, medical bills before death), non-economic damages (mental anguish, loss of companionship and society), and potentially punitive damages in cases of gross negligence such as drunk driving or known safety violations.
What is the difference between wrongful death and a survival action?
A wrongful death claim compensates the family for their losses (companionship, financial support, mental anguish). A survival action compensates the estate for what the deceased personally experienced before death — pain, medical bills, lost earnings from injury to death. Both are typically filed together.
Can we sue even if the criminal case is pending or the defendant was acquitted?
Yes. Civil and criminal cases are completely independent. The civil standard (preponderance of evidence) is much lower than the criminal standard (beyond a reasonable doubt). Many families win civil cases even after failed criminal prosecutions — and you can file your civil lawsuit while the criminal case is still pending.
Related Practice Areas
Texas Legal Giants handles the full range of catastrophic injury and death cases.
Texas Wrongful Death Resources
Can we file a wrongful death claim if the death resulted from a workplace accident?
Yes, in many cases. While workers’ compensation is the default remedy for on-the-job deaths, third-party claims against equipment manufacturers, contractors, or property owners may still be available. We analyze every avenue of recovery to maximize what your family receives.
What is a “survival action” and how is it different from a wrongful death claim?
A wrongful death claim compensates the surviving family for their losses (mental anguish, loss of companionship, lost financial support). A survival action compensates the estate for what the deceased personally suffered before death — pain, medical bills, and lost earnings from injury to the moment of death. We file both together whenever the facts support it.
What evidence is most important in a wrongful death case?
Critical evidence includes: accident/incident reports, surveillance footage, eyewitness statements, medical records, electronic data (vehicle black boxes, GPS logs), safety inspection records, and expert testimony. Much of this evidence disappears quickly — companies overwrite surveillance, electronic logs purge automatically. The sooner you retain an attorney, the better your evidentiary position.
Will the wrongful death case have to go to trial?
The majority of wrongful death cases settle before trial, but we prepare every case as if it will be tried. Defendants settle for more when they know your attorney is genuinely ready for a jury. We will go to trial when the offer does not reflect the full value of your loss — and our clients know we mean it.
How is the settlement or verdict divided among family members?
Texas law allows eligible family members to agree on their own apportionment. If the family cannot agree, the court will determine each member’s share based on their relationship, dependency, and demonstrated loss. We help families navigate this process with minimal conflict during an already difficult time.
Does Texas cap wrongful death damages?
Texas caps non-economic damages in medical malpractice wrongful death cases at $500,000 (with specified sub-limits). For wrongful death cases involving other types of negligence — car accidents, truck accidents, premises liability, product liability — there is no statutory cap on economic or non-economic damages, and punitive damages may be available in cases of gross negligence.
Your Houston Wrongful Death Attorney
BJ Kemp
Texas State Bar #24116608 · Texas Legal Giants · Houston, TX
BJ Kemp understands that no lawsuit undoes the loss your family has suffered. What it can do is hold the right people accountable, provide financial security for your future, and deliver the measure of justice your loved one deserves. Texas Legal Giants handles wrongful death cases throughout Greater Houston on a pure contingency basis — you pay absolutely nothing unless we win.
(346) 971–7333 — Free Consultation