When someone’s negligence or recklessness takes a family member from you, Texas law gives surviving family members the right to seek justice and financial compensation. At John K. Zaid & Associates, our Houston wrongful death attorneys have helped families throughout Harris County and the Greater Houston area hold negligent parties accountable during life’s most difficult moments.
Call us today for a free consultation: (281) 333-8959. No fees unless we win.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil lawsuit filed when a person dies as a result of another party’s negligent, reckless, or intentional conduct. Under Texas Civil Practice & Remedies Code Chapter 71, certain family members have the legal right to sue the responsible party for damages — money that helps cover the financial and emotional losses caused by the death.
Wrongful death claims are separate from criminal charges. Even if prosecutors decline to file criminal charges — or a person is found not guilty in criminal court — the family can still pursue a civil wrongful death action. The standard of proof in civil court (preponderance of the evidence) is lower than in criminal court (beyond a reasonable doubt), meaning families can often win in civil court even when the criminal case fails.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas law (§71.004), the following individuals may bring a wrongful death claim:
- The surviving spouse
- Adult children (biological and adopted)
- The parents of the deceased
If none of these eligible parties files a wrongful death lawsuit within three months of the person’s death, the executor or administrator of the estate may file — unless the eligible family members direct the executor not to. Siblings, grandchildren, and other extended family members generally cannot bring a wrongful death claim directly under Texas law.
Common Causes of Wrongful Death in Houston
Our attorneys handle wrongful death cases arising from many types of fatal accidents and incidents:
Motor Vehicle Accidents
Houston’s highways — I-10, I-45, the Beltway, I-69 — rank among the most dangerous in the nation. Drivers who are distracted, intoxicated, speeding, or fatigued cause thousands of fatal crashes in Harris County every year. When a negligent driver kills a family member, you have the right to pursue both the driver and, in many cases, the driver’s employer.
18-Wheeler and Commercial Truck Accidents
Fatal truck accidents often involve multiple liable parties — the trucking company, the cargo shipper, the truck manufacturer, and the maintenance company. These cases require immediate preservation of electronic logging device (ELD) data, black box records, and driver drug test results. Our wrongful death attorneys act fast to secure this evidence before it can be destroyed or overwritten.
Construction Site Accidents
Houston’s booming construction industry puts workers at risk every day. Falls from heights, being struck by falling objects, electrocutions, and equipment failures kill dozens of Houston workers each year. General contractors and property owners who fail to maintain safe job sites can be held liable for the resulting deaths.
Medical Malpractice
Surgical errors, misdiagnoses, medication mistakes, and hospital-acquired infections can all turn fatal. Texas has specific procedural requirements for medical malpractice wrongful death claims, including expert reports within 120 days of filing. Our team navigates these requirements and holds negligent medical providers accountable.
Defective Products
When a dangerously defective product — a malfunctioning vehicle component, a recalled consumer product, or faulty industrial equipment — causes a fatal injury, the manufacturer, designer, and retailer can all be held liable under Texas product liability law.
Premises Liability Deaths
Property owners who fail to maintain safe premises — negligent security that leads to fatal assaults, poorly maintained stairwells, or drowning incidents in unsecured pools — can be liable when their negligence contributes to a death.
Damages Available in a Texas Wrongful Death Case
Texas law allows surviving family members to recover for both economic and non-economic losses. Recoverable damages typically include:
- Lost financial support — the income the deceased would have provided to the family during their expected working years
- Loss of inheritance — the savings and assets the deceased would have accumulated and passed to heirs
- Medical expenses incurred between injury and death
- Funeral and burial expenses
- Mental anguish — grief, sorrow, and emotional suffering caused by the loss
- Loss of companionship and society — the love, advice, care, and comfort the deceased provided
- Loss of consortium (for surviving spouses)
- Loss of parental guidance (for surviving children)
In cases involving gross negligence or intentional misconduct, Texas law (§41.003) also permits the jury to award exemplary (punitive) damages to punish the wrongdoer and deter similar conduct in the future.
Survival Claims vs. Wrongful Death Claims
Texas recognizes two separate but related types of claims that often arise from the same fatal incident:
- Wrongful Death Claims (Chapter 71.002–71.012): Filed by surviving family members for their own losses resulting from the death — grief, lost financial support, loss of companionship.
- Survival Claims (Chapter 71.021): Filed on behalf of the estate for the pain, suffering, and losses the deceased personally experienced between the injury and death. If a loved one suffered severe injuries in a truck accident and lived for five days in the ICU before passing, the estate can recover for those five days of suffering.
Both claims are often filed simultaneously and should be pursued together to maximize total recovery for the family.
Texas Wrongful Death Statute of Limitations
Under Texas Civil Practice & Remedies Code §16.003(b), most wrongful death claims must be filed within two years of the date of death — not the date of the accident or injury. Missing this deadline almost always bars the claim permanently.
Exceptions include:
- Claims against government entities (notice of claim required within 6 months)
- Cases where the responsible party’s identity was fraudulently concealed
- Claims involving minors (the statute may be tolled until the child reaches age 18)
Do not wait to contact an attorney. Evidence disappears, witnesses move or forget details, and critical records — dash cam footage, medical records, driver logs — can be lost forever.
How Much Is a Houston Wrongful Death Case Worth?
Every case is different, but factors that significantly affect the value of a wrongful death claim include:
- The deceased’s age, health, and projected lifetime earnings
- The number of dependents and their financial reliance on the deceased
- Whether the conduct was ordinary or gross negligence
- The at-fault party’s insurance coverage and personal assets
- The strength of evidence establishing liability
Unlike medical malpractice cases (which cap non-economic damages at $250,000 per defendant), Texas imposes no cap on compensatory damages in most wrongful death cases. Families with strong cases and significant economic losses have recovered millions of dollars.
What to Do After Losing a Loved One Due to Negligence
- Obtain the accident or incident report from the police or relevant agency
- Preserve all physical evidence — do not repair, discard, or return any property involved
- Collect contact information for all witnesses before they become unavailable
- Request and preserve all medical records, including the emergency room visit and ICU records
- Document your family’s losses — keep records of funeral costs, lost income, and out-of-pocket expenses
- Do not speak with insurance adjusters without an attorney — their goal is to minimize what they pay your family
- Contact a Houston wrongful death lawyer as soon as possible
Frequently Asked Questions
How long does a wrongful death lawsuit take?
Most wrongful death cases in Houston resolve within 12–24 months. Complex cases involving multiple parties — truck accidents, medical malpractice, defective products — can take longer. Cases that go to trial often take 2–3 years. Our goal is to resolve your case as efficiently as possible while maximizing your family’s compensation.
Can a wrongful death claim be settled out of court?
Yes — the vast majority of wrongful death cases settle before trial. However, we prepare every case as if it is going to trial, which puts us in the strongest possible negotiating position against insurance companies and defense lawyers.
What if my loved one was partially at fault?
Texas’s modified comparative fault system (§33.001) allows recovery even if your loved one was partially responsible, as long as their fault was 50% or less. For example, if a jury finds the deceased was 20% at fault and awards $1 million in damages, the family receives $800,000.
What if the death involved a drunk driver?
When an intoxicated driver causes a fatal crash, families are typically entitled to punitive (exemplary) damages under §41.003, in addition to compensatory damages. The criminal case against the drunk driver can also strengthen your civil claim.
Does auto insurance cover wrongful death?
In most vehicle-related wrongful death cases, the at-fault driver’s liability insurance is the primary source of compensation. If coverage is insufficient, uninsured/underinsured motorist (UM/UIM) coverage, umbrella policies, or the defendant’s personal assets may provide additional recovery.
How much does a wrongful death attorney cost?
At John K. Zaid & Associates, we handle wrongful death cases on a contingency fee basis — there are no upfront costs, and you owe us nothing unless we recover compensation for you. Our fee is a percentage of the recovery, agreed upon before we begin.
Contact Our Houston Wrongful Death Lawyers Today
Losing a family member to another person’s negligence is devastating. You shouldn’t have to fight insurance companies alone while grieving. At John K. Zaid & Associates, we fight aggressively to hold negligent parties accountable and recover the maximum compensation your family deserves.
Call (281) 333-8959 for a free consultation — available 24/7. We serve clients throughout Houston, Pasadena, Pearland, Sugar Land, Katy, The Woodlands, and all of Harris County. No fee unless we win.