Personal Injury
Wrongful Death
Cases brought by surviving spouses, children, and parents after a fatal collision or incident.
Few legal matters are harder than a wrongful death case, for the family and for the firm representing them. The injured person is not there to tell the story. The defense often tries to compress the family's loss into a number that the insurance company can write a check for and close the file.
Under the Texas Wrongful Death Act, a surviving spouse, children, and parents have a cause of action against any person whose negligence, carelessness, unskillfulness, default, or wrongful act caused the death. Adult children and parents can recover. The Texas Survival Statute separately preserves the claims the deceased person could have brought if they had lived (pre-death pain, medical bills, and other damages).
These cases require a careful, comprehensive investigation: the cause of death, the chain of events leading to it, the deceased's relationships with each family member, the deceased's earning capacity and future contributions, and the full emotional and financial loss to each statutory beneficiary. We work with economists, life-care planners, and treating providers when the death was not instantaneous.
We handle these cases on contingency, with the same attention to every detail that the family's loss deserves. There is a two-year statute of limitations in most Texas wrongful death cases, but evidence work needs to start within days. Call as soon as you can.
Common scenarios
Situations we see often
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Fatal commercial truck crash on US-83
A loved one is killed when a fatigued commercial driver crosses the center line. The carrier's rapid-response team is on the scene within hours.
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Worker killed on an oilfield job
A family member is killed by an unsafe rig, equipment failure, or contractor negligence. The employer's workers-comp does not preclude a third-party wrongful death claim.
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Drunk driver causes a fatal head-on collision
A driver leaves a bar over-served and kills a family member in a head-on. Dram-shop liability may apply against the bar in addition to the driver.
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Apartment shooting in a complex with known security problems
A loved one is killed at an apartment complex with prior similar incidents and inadequate security. Premises liability for foreseeable criminal conduct can apply.
What to do
If this happens to you
Preserve everything. Do not let the deceased's vehicle, clothing, phone, or any scene evidence be released, sold, or destroyed. Get every police report, EMS run sheet, and medical record you can. If the deceased's body was the subject of an autopsy, obtain the report.
Talk to a lawyer before talking to anyone else - especially before signing any insurance company release or accepting a "policy limits" check. Wrongful death recovery is often much larger than a quick offer suggests, and the carrier knows it.
How we help
How our firm can help
We send same-day preservation letters, secure the scene investigation, retain the right experts (reconstructionists, oilfield safety experts, premises security experts) before the defense locks them up, and identify every layer of available insurance. We coordinate with the family on probate and the statutory beneficiary structure.
We build the loss case the way a jury needs to see it: what the deceased meant to each family member, what financial support the family will lose over decades, and what conduct led to the death. We pursue settlement when the carrier will pay value, and we try the case when they will not.
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46,027
motor vehicle fatalities in the U.S. in 2022
NHTSA, 2022
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4,283
people killed in Texas crashes in 2023
Texas DPS Crash Records
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2 years
standard Texas statute of limitations for wrongful death
Tex. Civ. Prac. & Rem. Code 16.003
Common questions
Questions about Wrongful Death
Who can bring a wrongful death claim in Texas?
A surviving spouse, children (including adult children), and parents. If none of those bring suit within three months, the personal representative of the estate may do so.
What damages are available?
Loss of earning capacity, loss of care, maintenance, services, support, advice, counsel, and reasonable contributions of pecuniary value, loss of love, companionship, comfort, and society, and mental anguish. The Survival statute also preserves the deceased's own pain and medical claims.
How long do we have to file?
Generally two years from the date of death under Texas law. Some claims (governmental entities, certain product liability claims) have different deadlines. Call immediately.
Will the case go to trial?
Many wrongful death cases settle, but only after the defense sees the case is fully prepared. The cases that do go to trial are the ones where the carrier never moved to a fair number. Either way, we prepare every case for trial.
Related topics
More under Personal Injury
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.