Can you sue for wrongful death in Texas? Your rights under Texas law

Yes, you can absolutely sue for wrongful death in Texas — and the state's laws are specifically designed to protect surviving family members when negligence, recklessness, or intentional misconduct causes a death. 

Under the Texas Wrongful Death Statute (Texas Civil Practice and Remedies Code, Chapter 71), certain family members have the legal right to pursue a civil lawsuit against the party responsible for their loved one's death. These family members include:

• Surviving spouse of the deceased
• Children of the deceased (including adopted children)
• Parents of the deceased

It's important to understand that siblings, grandparents, and other extended family members generally can’t file a wrongful death lawsuit in Texas, but if none of the above parties file a claim within three months of the death, the estate's executor or administrator may bring a survival action on behalf of the estate.

Texas law recognizes that when someone dies due to another's negligence, the surviving family members suffer real, quantifiable damages. These aren't just emotional losses — they're financial devastation, loss of companionship, and the destruction of the life your family planned together.

Common causes of wrongful death in Houston

Houston is Texas's largest city, and with that comes an unfortunate reality: more opportunities for fatal accidents caused by negligence. The highways are packed, the refineries and construction sites are dangerous, and distracted drivers are everywhere.

The most frequent causes of wrongful death cases in Houston include:

• Car accidents. Houston consistently ranks among the most dangerous cities in America for traffic fatalities. Drunk drivers, distracted drivers, speeding, and reckless driving claim hundreds of lives every year on our roads.
• Truck accidents. The Port of Houston and the energy industry mean 18-wheelers are everywhere. When these massive vehicles cause accidents, the results are often catastrophic and fatal.
• Motorcycle accidents. Motorcyclists are particularly vulnerable on Houston's highways, and negligent drivers who fail to check their blind spots or yield the right-of-way frequently cause fatal collisions.
• Traumatic brain injuries. Severe head trauma from falls, accidents, or assaults can lead to death — sometimes immediately, sometimes after a prolonged struggle.
• Industrial accidents. Construction sites, oil refineries, and industrial facilities see far too many fatal accidents caused by inadequate safety measures, defective equipment, or employer negligence.
• Uber accidents and rideshare collisions. As rideshare services have exploded in Houston, so have accidents involving these vehicles — often leaving families to navigate complex insurance situations after a loved one's death.
• Defective products. From faulty vehicles to dangerous pharmaceutical drugs to malfunctioning equipment, corporations sometimes put profits over safety — and people die as a result.
• Premises liability. Property owners who fail to maintain safe conditions can be held responsible when their negligence leads to fatal slip-and-falls, drownings, or other accidents.

If your loved one died in any of these circumstances — or in any situation where someone else's negligence played a role — you may have grounds for a wrongful death lawsuit. The experienced Houston wrongful death attorneys at Thiessen Law Firm can evaluate your case and walk you through your options.

How much does a lawyer charge for a wrongful death lawsuit?

Here's the good news: you don't need money in the bank to hire a top-tier wrongful death attorney. At Thiessen Law Firm, we handle wrongful death cases on a contingency fee basis, and contingency fees in Texas are usually between 33% and 40%, depending on the resources required to win your case. This means you pay absolutely nothing upfront, and we only get paid if we win your case.

When we secure a settlement or verdict for your family, our fee comes out of that recovery — typically a percentage of the total amount. If we don't win, you don't owe us a dime. It's that simple.

This arrangement exists because we believe that access to justice shouldn't depend on your bank account. The insurance companies and corporations responsible for your loved one's death have armies of lawyers on retainer. You deserve equally aggressive representation, regardless of your financial situation.

During your free consultation, we'll explain exactly how our fee structure works and answer any questions you have. There are no hidden costs, no hourly rates, and no billing surprises. Our interests are aligned with yours: we only succeed when you do.

What is the average settlement for wrongful death in Texas?

Every family that walks through our doors wants to know what their case is worth. We understand — you need to plan for your future, and you want to know what kind of compensation is realistic. But here's the honest truth: there is no "average" wrongful death settlement, because every case is unique.

Wrongful death settlements in Texas can range from tens of thousands of dollars to tens of millions, depending on a number of factors determined by the circumstances of your specific situation. While we can’t give you an idea of how much your case will be worth until we’ve heard about your case, we can tell you that the following things may impact your compensation:

Another thing we can tell you is this: insurance companies will always try to lowball you. Their first offer is never their best offer. They're counting on your grief and financial desperation to make you accept less than your case is worth.

That’s where we come in. Our team of Houston personal injury lawyers knows how the insurance companies operate. They know the ways in which they will try to minimize your payout — and they know how to fight back. We've secured policy-limit settlements for our clients in record time because the giants know we're not bluffing when we say we'll take them to trial.

What are the odds of winning a wrongful death lawsuit?

The odds of winning your wrongful death lawsuit depend almost entirely on two things: the strength of your evidence and the quality of your lawyer. While no attorney can guarantee a specific outcome, we can tell you that wrongful death cases with clear evidence of negligence and experienced attorneys have better success rates.

No matter the circumstances of your case, there are a few things working in your favor:

1. Lower burden of proof. Unlike criminal cases, civil wrongful death claims only require proving negligence by a "preponderance of the evidence" — meaning it's more likely than not that the defendant caused the death.
2. Jury sympathy. Juries naturally empathize with families who have lost loved ones. When the evidence shows clear negligence, juries often award substantial damages.
3. Settlement incentives. Most wrongful death cases settle before trial because defendants and their insurance companies want to avoid the uncertainty — and potential for massive verdicts — that comes with letting a jury decide.

That said, insurance companies will fight hard to deny or minimize your claim. They'll hire investigators to dig into your loved one's past. They'll claim the deceased was partially at fault. They'll argue that their client wasn't really negligent, or that the death wasn't really caused by that negligence.

This is exactly why you need aggressive representation from day one. Mark Thiessen, founder of Thiessen Law Firm, built his reputation on winning impossible cases at trial. Whether it's a criminal trial or a civil case for catastrophic injuries and wrongful death, we know how to win in front of a judge and jury.

What damages can you recover in wrongful death claims?

Texas law allows surviving family members to recover both economic and non-economic damages in wrongful death claims. These damages are designed to compensate you for the full scope of your losses — both the financial devastation and the intangible suffering caused by your loved one's death.

Economic damages are the calculable financial losses your family has suffered and will continue to suffer. These typically include:

• Lost wages and benefits the deceased would have earned over their lifetime
• Loss of the deceased's services, including childcare, household maintenance, and other contributions
• Medical expenses incurred before death as a result of the injury
• Funeral and burial costs

Non-economic damages compensate for losses that don't come with receipts but are equally devastating:

• Loss of companionship 
• Loss of love, comfort, and emotional support
• Mental anguish and emotional suffering experienced by surviving family members
• Loss of parental guidance and nurturing (for children who lost a parent)
• Loss of consortium (for surviving spouses)

In certain cases involving particularly egregious conduct — gross negligence, recklessness, or intentional misconduct — Texas law also allows for punitive damages. These damages are designed to punish the defendant and deter similar conduct in the future. While not available in every case, punitive damages can significantly increase the total recovery when the defendant's behavior was especially outrageous.

Additionally, the estate of the deceased may be able to recover damages through a survival action, which compensates for:

• Pain and suffering experienced by the deceased before death
• Medical expenses incurred before death
• Lost wages between the time of injury and death

Damages in wrongful death cases can easily reach tens of millions of dollars, but the insurance company will only offer you a fraction of that without an aggressive attorney in your corner. The experienced wrongful death attorneys at Thiessen Law Firm thoroughly evaluate every category of damages in your case to make sure we're fighting for the maximum compensation your family deserves.

How to file a wrongful death lawsuit in Texas

Filing a wrongful death lawsuit involves a lot of very important steps, and getting them right from the start can make or break your case. Here's what the process should typically look like:

We know, it’s a lot. The good news is that throughout this entire process, you don't have to handle anything alone. The attorneys at Thiessen Law Firm manage every aspect of your case while you focus on grieving and healing. We handle the paperwork, the negotiations, and — if necessary — the battle in the courtroom.

What is the statute of limitations for wrongful death in Texas?

In Texas, you generally have two years from the date of your loved one's death to file a wrongful death lawsuit. Miss this deadline, and you'll almost certainly lose your right to pursue compensation forever — no matter how strong your case might be.

Two years might sound like plenty of time, but it goes faster than you think. In the immediate aftermath of losing a loved one, you're dealing with funeral arrangements, estate matters, and overwhelming grief. Before you know it, months have passed. And building a strong wrongful death case takes time — evidence needs to be gathered, experts need to be retained, and investigations need to be conducted.

There are limited exceptions that may extend the statute of limitations in certain circumstances:

• If the cause of death wasn't immediately apparent, the clock may start when the cause was discovered or reasonably should have been discovered.
• If the wrongful death beneficiary is a minor, the statute may be tolled until they reach adulthood.
• If the defendant leaves Texas, the time they're absent may not count toward the two-year period.
• If a beneficiary is mentally incapacitated, the statute may be tolled during that period.

Don't assume these exceptions apply to your case. The safest approach is to contact a wrongful death attorney as soon as possible after your loved one's death. Insurance companies know about the statute of limitations, and they won’t hesitate to delay and stall, hoping you'll miss the deadline. Don't let them run out the clock on your right to justice.

Don’t let the giants off the hook. Call the Houston wrongful death lawyers at Thiessen Law Firm.

The insurance companies and corporations responsible for your loved one's death have one goal: pay you as little as possible — or nothing at all. They have teams of lawyers, investigators, and adjusters working around the clock to protect their bottom line. They're counting on your grief to make you easy to push around.

We're here to tell you: it doesn't have to be that way.

At Thiessen Law Firm, we built our reputation fighting for the little guy against powerful opponents who thought they couldn't lose. When you hire Thiessen Law Firm, you're not getting a lawyer who will push you to accept the first settlement offer. You're getting a team of Houston wrongful death lawyers that will fight tooth and nail for every dollar your family deserves. We've recovered millions for our clients, and we won't stop until we've gotten you the justice you're owed.

Your family has already lost enough. Don't let the giants take anything more. Call Thiessen Law Firm at (713) 864-9000 or contact us online today.