Houston Wrongful Death Lawyers

Wrongful Death Attorneys with the Largest Wins in History

Our Undefeated Texas Wrongful Death Lawyers have won billions and repeatedly recovered the largest wrongful death verdicts and settlements in history for family members of wrongful death victims across Texas, Louisiana, New Mexico, and the United States.

We’ve successfully represented hundreds of families whose loved ones were tragically killed in connection with some of the most catastrophic accidents in history, including oilfield accidents, plant and refinery accidents, workplace accidents, product liability cases, chemical plant accidents, truck accidents, and motor vehicle accidents.

While nothing makes up for the loss of a loved one, a wrongful death lawsuit is the only way to ensure that the negligent parties are held accountable, that others aren’t killed from the same dangerous conduct in the future, and that you and your family have the financial resources to care and provide for yourselves (and each other) in your loved one’s absence.

We Ensure That Our Clients are Able to Provide for Themselves for the Rest of Their Lives

Every wrongful death case is unique, but our goals are always the same:

1. Hold the negligent and reckless parties fully accountable

2. Provide our clients and their families with the financial resources to care and provide for themselves for the rest of their lives

3. Prevent the dangerous conduct from occurring again in the future

Not only do we consistently achieve these goals, but we also set records for our clients while doing so.

Billions Won and the #1 Largest Wrongful Death Recoveries in Texas

In the past 5 years alone, our Houston Wrongful Death Lawyers have:

• won Billions for families whose loved ones were tragically killed in oilfield, plant and refinery explosions, truck accidents, and the most catastrophic workplace accidents in history, and
• consistently recovered the #1 Largest Verdicts and Settlements in Texas for wrongful death victims, including—most recently—the #1 Largest Accident Settlement in Texas on behalf of a client whose wife was tragically killed in a head-on collision with a commercial truck.

Contact Our Houston Wrongful Death Lawyers for a Free Consult at 1-888-603-3636 or by Clicking Here

What is a Wrongful Death Lawsuit?

Texas law defines wrongful death as a “wrongful act, neglect, carelessness, unskillfulness, or default” that leads to the death of a person (Tex. Civ. Prac. & Rem. Code § 71.002). Wrongful death lawsuits allow surviving family members to hold the negligent defendants legally responsible and financially accountable by providing the decedent’s family and estate with the financial resources to care for themselves and their family members in their loved one’s absence.

Who Can File a Wrongful Death Lawsuit?

In most states, like Texas, the surviving spouse, children, and parents are permitted to file wrongful death claims on behalf of a deceased family member.

If the decedent didn’t have children or wasn’t married at the time of death, the wrongful death lawsuit can be filed by the decedent’s parents or by the estate itself through the Executor or Administrator.

If your loved one did not create an estate before they died, which is required to pursue and recover survival or “pre-death” damages, our team of probate lawyers can create the estate and, if you agree, seek to have you appointed as the “administrator” of the estate.

What is the Deadline for Filing a Wrongful Death Lawsuit in Texas

Texas sets the time limit that family members have to file a wrongful death statute in the Texas Civil Practice & Remedies Code. Section 16.003 states that “a person must bring suit not later than two years after the death of the injured person.”

While the statute provides the surviving spouse, children, and parents as long as two years to file the lawsuit, it is CRITICAL TO FILE SUIT AS QUICKLY AS POSSIBLE. The sooner you file your wrongful death lawsuit, the sooner you will be able to preserve and protect important evidence that would likely disappear or be destroyed if you had not filed your lawsuit.

What Damages are Available in Wrongful Death Cases?

When a spouse, parent, or other family member is tragically killed, the decedent’s family is left with unbearable grief and, often times, piling expenses with little or no income to pay them.  This is especially true when the decedent was the household’s primary wage earner, and his or her salary was used to pay the mortgage, car notes, health insurance premiums, groceries, tuition bills, and other living expenses.

A monetary recovery may seem inconsequential and of little consolation, but, unfortunately, the bills continue even in your loved one’s absence and can add tremendous stress to what’s already the most difficult time of your life. A wrongful death suit is the only way families can hold at-fault parties accountable for their loved one’s death and ensure that they’re able to move forward, financially, in their loved one’s absence.

In a Texas wrongful death lawsuit, families may seek several types of damages to compensate for the losses they’ve suffered. These damages include economic, non-economic, and, in some instances, punitive damages. 

Economic Damages

Economic damages are meant to cover the tangible financial losses that result from a loved one’s death. These can include:

• Medical Expenses: Any medical bills related to the deceased’s final injury or illness, including emergency care, hospital stays, surgeries, and other treatments leading up to their death, can be recovered.
• Funeral and Burial Costs: The cost of the funeral, burial, or cremation services can be included in the compensation sought.
• Loss of Financial Support: If the deceased provided financial support to their family, the surviving family members can recover the value of that lost income. This calculation often includes the wages the deceased would have earned and potential raises, bonuses, and other benefits they would have received over their lifetime.
• Loss of Inheritance: If the deceased would have contributed to an inheritance or estate during their lifetime, surviving family members can be compensated for their lost inheritance.
• Loss of Services: Families can also seek compensation for the loss of services the deceased would have provided, such as household chores, childcare, and other contributions to the family’s day-to-day life.

Non-Economic Damages

Non-economic damages are meant to compensate for the intangible losses that result from a wrongful death. While more challenging to quantify, these damages are often significant:

• Pain and Suffering: Although Texas does not allow recovery for the pain and suffering of the deceased in a wrongful death action, surviving family members may be able to recover for the mental anguish and emotional distress they endure as a result of the loss. This can include grief, anxiety, depression, and other emotional hardships.
• Loss of Companionship and Society: Surviving family members may seek compensation for the loss of the deceased’s companionship, love, and affection. This applies to spouses, children, and parents deprived of the emotional support and guidance the deceased would have provided.
• Loss of Consortium: A spouse may recover damages for the loss of marital benefits, including comfort, companionship, and intimate relations.
• Loss of Parental Guidance: If the deceased was a parent, their children may be compensated for the loss of parental guidance, nurturing, and education that they would have received had their parent lived.

Punitive Damages to Punish the Negligent Parties

In some instances, Texas law allows for the recovery of punitive damages, also known as exemplary damages. These are not meant to compensate for losses but to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future. Punitive damages can be awarded if the defendant’s actions were willfully negligent, grossly reckless, or malicious. However, these damages are not available in every case and typically require a higher burden of proof.

While most lawyers have and will never recover them, our wrongful death lawyers have consistently recovered punitive damages in EVERY major case we’ve taken to trial. Visit our law office in Houston to get started with your case today.

What is a Survival Claim and How is it Different than a Wrongful Death Claim?

The purpose of a wrongful death lawsuit is to hold the negligent person or company accountable, prevent the same dangerous conduct from injuring or killing others in the future, and compensate the surviving family members for the emotional suffering and financial losses they’ve experienced as a result of their loved one’s death.

A survival action, on the other hand, is different.

Survival claims are filed by the surviving family members to recover damages for any pain and suffering the deceased experienced in the minutes, hours, or days leading up to their death. Unlike the damages in a wrongful death case, the pre-death damages recovered through a survival claim belong exclusively to the decedent’s estate and are divided among their survivors.

To successfully pursue a survival claim in Texas, you must demonstrate that:

• As the plaintiff, you represent the decedent’s estate
• The deceased had a personal injury cause of action
• The deceased would have been able to sue for personal injury if they had lived
• The defendant’s wrongful act caused the victim’s injury.

When there is evidence that the decedent suffered and experienced pain before they passed away, our lawyers will always file a wrongful death AND survival claim to ensure that the surviving family members receive the absolute maximum compensation available for their losses and the decedent’s pre-death suffering.

Survival Damages Belong to the Estate and are Divided Between Living Family Members

Unlike the damages in a wrongful death case, the damages recovered through a survival claim belong exclusively to the decedent’s estate and are divided up among living family members.

When there is evidence that the decedent suffered and experienced pain before they passed away, our lawyers will always file a wrongful death AND survival claim to ensure that the surviving family members receive the absolute maximum compensation available for their losses and the decedent’s pre-death suffering.

Common Causes of Wrongful Death

At the heart of any wrongful death case is a breach of responsibility. Whether an employer cutting corners on safety or a commercial driver making reckless decisions, these actions—or inactions—can lead to deadly outcomes. In Texas, some of the most common causes of wrongful death include:

Oilfield Accidents and Explosions

The oil and gas industry is known for its risks. When safety measures are ignored, or equipment isn’t properly maintained, workers’ lives are in danger. Unfortunately, it’s been our experience that, in their rush to profit,  oil and gas operators are all too willing to ignore vital safety regulations and industry standards intended to prevent catastrophic and potentially deadly oilfield accidents and explosions.

Truck and 18-Wheeler Accidents

18-wheelers and other large trucks pose a significant threat on the road, especially when drivers are overworked, or vehicles are improperly maintained. Negligence in maintaining the truck,  driver fatigue, ignoring critical safety regulators, and reckless driving increase the risk of a serious crash. The occupants of other vehicles account for the majority of deaths (70%) in fatal truck and 18-wheeler accidents.

Plant and Refinery Explosions

As the hub of the nation’s oil and gas industry, Texas is home to thousands of petrochemical plants and other industrial facilities. Plant and refinery explosions are frequent occurrences, often because the plant operator or refinery owner failed to follow vital safety rules and regulations meant to ensure the health and safety of their workforce.

Pipeline Accidents and Explosions  

Pipeline explosions and accidents often result in catastrophic injuries or death. All too often, these incidents are entirely preventable and result from poor maintenance, insufficient inspections, or negligence in following safety protocols. 

Commercial Bus Accidents  

Greyhound and other commercial bus companies are responsible for safely transporting thousands of people to destinations across the country every day.  When bus drivers or companies are negligent—whether through poor vehicle maintenance, driver error, or ignoring safety standards— the result is often a catastrophic bus accident that leaves passengers with severe and even fatal injuries. 

Maritime and Offshore Accidents

Offshore and maritime workers face unique challenges and hazards that can lead to injuries and deaths. There’s little room for error in offshore operations, and any failure to follow safety protocols and regulations can quickly trigger a catastrophic, life-altering offshore accident or explosion.

Car Accidents 

Reckless or negligent driving is a leading cause of wrongful death on the roads, and few cities are as dangerous as Houston. Whether it’s speeding, distracted driving, or driving under the influence, when a driver fails to exercise reasonable care, the consequences of a car accident can be tragic for those sharing the road.

Proving Wrongful Death: Elements of a Successful Claim

In a wrongful death lawsuit, proving negligence is essential in holding the responsible party accountable for the pain and loss they’ve caused. Under Texas law, this requires establishing the following four elements:

Duty of Care  

You must first demonstrate that the defendant owed a duty of care to your loved one. This means the defendant had a legal obligation to act in a way that would prevent harm. For example, a truck driver has a duty to obey traffic laws and drive safely, while an oil company has a duty to maintain safe working conditions in hazardous environments.

Breach of Duty

After establishing that a duty of care existed, you must show that the defendant breached their duty. This breach occurs when someone fails to act as a reasonable person would under similar circumstances. Whether it’s reckless driving, ignoring safety protocols, or failing to maintain equipment, the defendant’s actions—or lack thereof—must be shown to have violated their duty of care.

Causation  

Proving causation involves linking the defendant’s breach of duty directly to your loved one’s death. In other words, you need to show that the defendant’s negligence or recklessness caused the fatal incident. For instance, if a trucking company’s failure to maintain its vehicles led to a deadly crash, that negligence is the direct cause of the death.

Damages 

The final element requires demonstrating that the death resulted in damages, including medical bills, lost income, and loss of companionship.

What Sets Our Wrongful Death Lawyers Apart

 How to our Houston Wrongful Death lawyers continue to win record-setting recoveries for our clients and their families?

• Every one of our lawyers is a trial lawyer who has never been defeated in the courtroom.

• We won’t consider settling your case unless you and your family receive the maximum compensation possible.
• If our opponent doesn’t offer a settlement that fully compensates you and your family, we won’t hesitate to take your case to trial, where we’ve consistently recovered the largest verdicts in history.

Our Wrongful Death Lawyers are Like Family

But it’s not just our record-setting verdicts and settlements that set our firm apart. If you watch our Client Video Testimonials or our firm’s YouTube channel, you’ll notice something repeated over and over again: that we genuinely care about our clients and that we treat them like family. It’s this commitment that motivates our wrongful death lawyers, and it’s why families throughout Texas and across the United States continue to call and turn to our lawyers years after we’ve successfully resolved their cases.

Contact Our Undefeated Houston Wrongful Death Lawyers for a Free Consult at 1-888-603-3636 or by Clicking Here

With Billions Won and the #1 Largest Verdicts and Settlements in History, our Wrongful Death Attorneys have consistently proven that we don’t just win for families of wrongful death victims – We Set Records.

If your loved one was tragically killed due to someone else’s recklessness, carelessness, or negligence, call our Undefeated Houston Wrongful Death Lawyers at 1-888-603-3636, use the chat form on our website, or send us a confidential email through our Contact Form by clicking here.

Our Undefeated Wrongful Death Lawyers will answer your questions, explain all of your rights and options, and provide you with the information you need to decide what’s best for you and your family.

All consultations are free, and you won’t pay us a dime unless we win your case.

Texas Wrongful Death FAQs

How Long Do I Have to File a Wrongful Death Lawsuit In Texas?

In Texas, the statute of limitations for wrongful death is two years. This means that you have two years after the date of your loved one’s passing (not the date when they sustained their injury) to file your wrongful death lawsuit. However, if you are contemplating a lawsuit, you should not wait to consult with an experienced wrongful death attorney. If you wait, evidence critical to proving your claims could be lost or destroyed long before the statute of limitations expires.

What is the Time Limit for Filing a Texas Survival Claim?

The statute of limitations for filing survival claims in Texas is also two years. However, the clock starts ticking on the day your loved one was injured or the date their injury was discovered, not the day they died. Again, if you are considering bringing a survival claim, consult an experienced lawyer as soon as possible.

Can I File Both a Wrongful Death Lawsuit and a Survival Claim?

Yes. In fact, Texas wrongful death lawsuits and survival claims are often filed at the same time. The wrongful death claim would seek compensation for you and your family’s personal losses, while the survival action seeks restitution for the losses incurred and the conscious pain and suffering experienced by your loved one prior to death.

Can I Recover Punitive Damages in a Wrongful Death Lawsuit or Survival Claim?

Texas allows for the recovery of exemplary damages (aka punitive damages) in both wrongful death lawsuits and survival claims when death results from misconduct or gross negligence. Exemplary damages are intended to punish the defendant for their wrongful conduct and deter others from engaging in similar acts in the future.

Can Extended Family File a Wrongful Death Lawsuit or Survival Claim In Texas?

Only immediate family – spouse, children, or parents – can file a wrongful death lawsuit in Texas. All other family members, including siblings, divorced spouses, and grandchildren, are barred from doing so.

A survival claim, on the other hand, must be filed by the executor, administrator, or legal representative of the estate. If a will exists, the person named as executor or administrator must file the claim, whether they’re the decedent’s spouse, a member of the extended family, or even a close friend. The decedent’s living heir can file a survival claim when there is no will. In the absence of both a will and living heir, a member of the extended family or a representative appointed by the court is permitted to file a survival claim.

What are the Elements of a Texas Wrongful Death Lawsuit?

To file a successful wrongful death lawsuit in Texas, you must prove the four following elements:

• Duty of Care: The defendant must have owed your loved one a duty of care. For example, the driver of an 18-wheeler owes others on the road a duty of care to drive in a safe manner and obey all traffic laws.
• Breach of Duty: You must prove the defendant breached their duty of care. For example, a truck driver who was intoxicated while behind the wheel would violate their duty.
• Causation: You must prove the breach of duty directly resulted in your loved one’s death. For example, the truck driver’s impairment caused them to lose control of their rig and crash into the decedent’s vehicle, causing their fatal injury.
• Damages: You must be able to demonstrate the damages incurred by you and your family as a result of your loved one’s wrongful death.

What are the Elements of a Texas Survival Claim?

To successfully pursue a survival claim in Texas, you must demonstrate the following elements:

• As the plaintiff, you represent the decedent’s estate
• The deceased had a personal injury cause of action
• The deceased would have been able to sue for personal injury if they had lived
• The defendant’s wrongful act caused the victim’s injury.

What Factors Impact Damages Awards in a Texas Wrongful Death Lawsuit?

• The Age and Health of the Deceased: The age, health, and life expectancy of the deceased can impact the calculation of economic damages, particularly when determining lost income or the value of lost services.
• The Relationship to the Deceased: The nature and closeness of the relationship between the surviving family members and the deceased can influence non-economic damages, such as loss of companionship or consortium.
• The Circumstances of the Death: The specifics of how the death occurred, particularly if it involved especially reckless or malicious behavior, can affect both compensatory and punitive damages.

Does Texas Place Any Limits on Wrongful Death Compensation?

In Texas, punitive damages are generally capped at $250,000 or two times the amount of economic damages, whichever is greater,  plus an amount equal to non-economic damages, not to exceed $750,000. However, these caps do not apply in all circumstances, such as when a wrongful death results from a felony committed by the at-fault party.

Can I Sue My Loved One’s Employer for Wrongful Death?

Yes. If your loved one’s employer was grossly negligent in causing your loved one’s death, the surviving family members are permitted, under an exception to Texas workers compensation laws, to file a lawsuit against and recover damages from their loved one’s employer.

If you’re loved one’s employer does not provide workers’ compensation, you only need to show that the employer was negligent in causing your loved one’s death – you are not required to prove “gross negligence,” as you would if your loved one’s employer did provide workers compensation coverage.

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