The death of someone you love can leave your family looking for answers about what happened and who should be held responsible. A wrongful death lawyer in Houston can investigate the circumstances, explain your rights under Texas law, and help you decide what comes next.
Thiessen Law Firm brings more than 90 years of combined experience to serious injury cases. A Houston personal injury lawyer from our team can deal directly with insurers and other responsible parties as your family handles everything happening at home.
Your consultation is free. Contact Thiessen Law Firm to talk about your options.
Can You Sue for Wrongful Death in Texas?
Texas law allows certain family members to file a wrongful death claim when another person’s wrongful act, neglect, carelessness, unskillfulness, or default causes a death. Texas Civil Practice and Remedies Code § 71.002 gives families the right to seek civil damages in those situations.
A wrongful death lawsuit can arise from fatal crashes, workplace incidents, unsafe property conditions, medical negligence, and other situations where someone else’s conduct caused the death.
Our Houston wrongful death lawyers can review what happened, explain how Texas wrongful death law applies, and identify who may be legally responsible for your loved one’s death.
Who Can File a Texas Wrongful Death Claim?
Texas law gives certain family members the right to file a wrongful death claim. Tex. Civ. Prac. & Rem. Code § 71.004 also explains when an executor or administrator may become involved in the case.
One eligible person can file for all qualifying surviving family members. If no beneficiary files within three calendar months after the death, the executor or administrator generally must file unless all beneficiaries ask that person not to do so. People who may have a legal role in the case include:
- A surviving spouse.
- Biological or adopted children, including adult children.
- Biological or adoptive parents.
- The estate’s executor or administrator when Civil Practice and Remedies Code Chapter 71 permits it.
Questions about a personal representative can overlap with probate law. The person handling the estate is not automatically the person who receives wrongful death damages.
Wrongful Death Claims and Survival Claims Are Separate
Texas law can allow both a wrongful death claim and a survival claim after the same death. The family’s own losses are handled through the wrongful death claim, and certain personal injury claims of the deceased person can continue through the survival claim.
Tex. Civ. Prac. & Rem. Code § 71.021 states that a personal injury cause of action does not end solely because the injured person dies. Instead, that claim may pass to the person’s heirs, legal representatives, and estate.
A fatal incident can support both types of claims in some cases. Houston wrongful death attorneys can determine which causes of action fit the facts and how the estate should participate.
For a free legal consultation with a wrongful death lawyer serving Houston, call (713) 864-9000
Common Causes of Wrongful Death in Houston
Wrongful death can happen in many settings across Houston, from busy roads to workplaces and medical facilities. The common thread is that another person or company may have failed to act with reasonable care.
The details of what happened matter from the start. A crash, workplace incident, or medical error can each leave behind very different records, witnesses, and questions about responsibility. Wrongful death cases in the Houston area can arise from:
- Car accidents involving distracted driving, speeding, intoxication, or unsafe lane changes.
- Truck accidents and other commercial vehicle accidents on I-10, I-45, I-69, the 610 Loop, or Beltway 8.
- Motorcycle accidents involving drivers who fail to yield or see a rider.
- Pedestrian accidents in Downtown Houston, Midtown, Montrose, and other busy areas.
- A construction accident involving falls, machinery, vehicles, or unsafe work conditions.
- Industrial accidents at refineries, warehouses, chemical plants, and facilities near the Houston Ship Channel.
- Traumatic brain injuries, burn injuries, and other forms of catastrophic injury.
- Premises liability incidents involving dangerous property conditions.
- Medical malpractice, including medical errors, medical negligence, or a wrong diagnosis.
- Defective products, dangerous drugs, medical devices, or defective medical devices.
Each type of case calls for a closer look at different facts. A truck crash may require company and driver records, while a hospital death may rely more heavily on treatment records and medical review.
Fatal Car, Truck, and Motorcycle Accidents
A fatal crash can leave your family with very little information at first. You might know where it happened and which vehicles were involved, but questions about fault, insurance coverage, and who was working for whom can take time to answer.
When fault is disputed, our firm looks at the records and physical evidence that can help explain the crash. That can include police reports, photos, witness statements, phone records, and vehicle data. An accident reconstruction specialist may also be useful in some cases.
Thiessen Law Firm prepares serious injury cases with trial in mind. That approach gives our legal team time to investigate disputed facts before insurance companies or defense lawyers settle on their version of what happened.
Workplace and Industrial Deaths Around Houston
Houston has a large number of construction, shipping, manufacturing, energy, and petrochemical jobs. When someone dies in a workplace accident, figuring out who was responsible can involve more than the company listed on that person’s paycheck.
A fatal workplace accident near the Port of Houston, a refinery, or one of the area’s chemical plants can raise questions about contractors, subcontractors, employers, property owners, or other businesses. Workers’ compensation coverage can affect which liability claims remain available.
Our Houston wrongful death lawyers can review contracts, safety records, incident reports, employment relationships, and insurance coverage before determining who could be responsible.
Medical Malpractice and Fatal Medical Errors
Families sometimes leave a hospital with serious questions about the care their loved one received. In Houston, including facilities in the Texas Medical Center and across Harris County, a medical malpractice claim depends on whether the provider failed to meet the accepted standard of care and whether that failure caused the death.
Medical negligence cases can involve surgical mistakes, medication errors, delayed treatment, a wrong diagnosis, or other medical errors. Medical experts often review records and explain the standard of care or medical cause of death.
Health care liability claims also have specific statutory requirements under Chapter 74 of the Texas Civil Practice and Remedies Code. Those requirements can affect filing deadlines and expert reports.
Houston Wrongful Death Lawyer Near Me (713) 864-9000
How Much Does Houston Wrongful Death Attorney Charge?
Thiessen Law Firm handles personal injury cases on a contingency fee basis. The attorney fee comes from a recovery instead of an upfront retainer. You do not pay an attorney fee if the firm does not obtain a recovery for you, subject to the terms of the written fee agreement.
During your free consultation, the firm can explain the percentage, case expenses, and other fee terms before you decide to move forward.
What Costs Can Come With a Wrongful Death Case?
Serious civil litigation can come with case expenses in addition to attorney fees. The investigation phase could require records, depositions, expert review, inspections, or other work needed to establish liability and damages.
A case involving a truck crash could call for accident reconstruction specialists. A medical malpractice case will often require medical experts. Economic experts can help calculate lost income and financial contributions when those losses are disputed.
Before you sign anything, we will explain how our contingency fee works, what case expenses could come up, and how those costs are handled. We want you to know exactly what the agreement says and what you can expect from us.
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What Is a Texas Wrongful Death Case Worth?
There is no statewide “average settlement” that can tell you what your family’s wrongful death claim is worth. Cases that look similar at first can involve very different losses, insurance policies, defendants, and evidence.
Your lawyer needs to review the circumstances before giving you a meaningful assessment. The value can also change as records, expert opinions, depositions, and other evidence become available.
Our Houston wrongful death attorneys can evaluate the losses Texas law recognizes and the proof available for each one.
Factors That Can Affect Wrongful Death Case Value
When we evaluate a wrongful death claim, we look at what your loved one contributed to your family and what was lost because of their death. Wrongful death damages can vary from one eligible beneficiary to another because every family relationship and financial situation is different.
Our attorneys also look at the insurance coverage and the people or companies that may be legally responsible. A commercial trucking case, for example, can involve several defendants and insurance policies, which can affect the amount that may realistically be recovered.
Factors a lawyer may examine include the following:
- The deceased person’s earnings and expected financial contributions
- The age and relationship of each beneficiary
- Household services the person provided
- Available insurance coverage
- The number of parties that could share responsibility
- Evidence linking the defendant’s conduct to the death
- Disputes over comparative responsibility
- Testimony or analysis from economic experts
- Facts that could support exemplary or punitive damages
Houston’s diversity means caregiving, finances, and household responsibilities can look very different from one family to another. Those differences can affect which losses need to be documented.
What Role Do Insurance Companies Play?
Insurance companies review liability claims with their own financial interests in mind. They decide what they are willing to offer during the claims process, but that number does not automatically reflect the full value of your case.
An insurer might question fault, causation, damages, or its policyholder’s share of responsibility. Adjusters may also ask for records or statements before responding to demand letters.
Thiessen Law Firm has team members with insurance-side experience. That gives us insight into the arguments an insurer may make and the kind of evidence that can help answer them.
Damages a Houston Wrongful Death Law Firm May Be Able to Help You Recover
The amount and types of damages available can depend on your relationship with the person who died and how that loss affected your life.
That can include lost financial support, household services, companionship, society, and mental anguish. The goal is to show what your loved one contributed to your family and what has changed because they are gone.
Our Houston wrongful death lawyers can look at each eligible family member’s losses and explain which damages may apply to your family’s situation.
Economic and Non-Economic Losses
Economic losses can include financial support, maintenance, services, advice, counsel, and, in some cases, loss of inheritance that beneficiaries reasonably expected to receive from the deceased person.
Non-economic damages can address losses that do not have a receipt attached to them. Depending on the relationship, they can include loss of companionship, loss of society, and mental anguish. Evidence used to support those losses can include the following:
- Employment and income records
- Tax or financial documents
- Evidence of household services
- Testimony from family members
- Work and career records
- Analysis from economic experts
- Evidence describing the relationship with each beneficiary
Funeral expenses can also be recoverable, depending on who paid them and how the claim is presented. Medical bills for treatment your loved one received before death may belong to the estate through a survival action.
Can a Family Recover Punitive Damages?
Texas law calls these exemplary damages, which include punitive damages. In a wrongful death action, Chapter 71 allows them when the death results from a willful act or omission or gross negligence. That means the conduct has to rise above ordinary carelessness.
Chapter 41 also requires a higher level of proof. A claimant generally has to show the facts supporting exemplary damages by clear and convincing evidence, which is a tougher standard than the one used for ordinary negligence claims.
These damages depend heavily on what the defendant actually did and what the evidence shows. We look at the conduct, the surrounding circumstances, and the available proof before deciding if punitive damages should be included in the case.
What Can a Survival Action Recover?
A survival action allows the estate to pursue certain losses your loved one experienced before death. Depending on the circumstances, those losses can include medical expenses, lost income during that period, and conscious pain.
The amount of survival action recovery depends on what happened between the injury and death and what the available records can prove. Medical records, employment information, and other evidence can help document those losses.
Because the claim belongs to the estate, probate law can affect who has authority to pursue it as part of the larger wrongful death lawsuit.
Evidence That Can Support a Houston Wrongful Death Claim
The evidence depends heavily on how the death happened. A fatal collision on the Katy Freeway will leave behind different records than medical negligence at a Houston hospital or an industrial death near the Ship Channel.
The sooner we can look into what happened, the better chance we have of finding records, footage, and witnesses before that information becomes harder to get. Thiessen Law Firm can start gathering the materials that help explain what happened and who may be responsible. Evidence could include the following:
- Police reports and accident reports
- Photographs or video from the accident scene
- Witness statements
- Vehicle or electronic data
- Medical records
- Death certificates
- Employment and income records
- Company policies or safety materials
- Inspection and maintenance records
- Expert analysis
- Insurance information
A strong wrongful death claim needs evidence that explains more than the fact that someone died. We need to connect the defendant’s conduct to the death and document the losses your family is claiming.
Expert Witnesses in Wrongful Death Cases
Some wrongful death cases depend on questions that need more than eyewitness testimony. Medical experts can help with issues involving medical negligence and causation, while accident reconstruction specialists may be needed when the details of a serious crash are disputed.
Cases involving commercial vehicle accidents, industrial work, or major financial losses can also require people with technical knowledge. Economic experts, for example, may be asked to explain future income or other financial losses tied to the death.
Our Houston wrongful death attorneys can look at the issues in your case and decide when expert testimony would actually add something important to the evidence.
How Does the Wrongful Death Claims Process Work in Houston?
The wrongful death claims process gives your family a way to investigate what happened, document your losses, and pursue the people or companies that may be responsible. The exact path depends on the facts of the case and how the other side responds.
Our attorneys prepare each case as if it could reach trial. That means we approach the claim with possible civil litigation and personal injury litigation in mind from the beginning, even if the case ultimately resolves without going to court.
Step 1: Investigate the Death and Identify Responsible Parties
Our first job is to get a clear picture of what happened to your loved one. During the investigation phase, we may review medical records, reports, photos, witness accounts, and other information connected to the death.
From there, we look at who owed a legal duty of care and which people or companies may have contributed to what happened. A truck crash, premises liability case, or medical malpractice claim can each involve different parties and different records.
Step 2: Document the Family’s Losses
Part of the claim involves showing what your loved one contributed to the family and what is now missing. For each eligible beneficiary, this may include financial support, household help, or other forms of support.
Financial records, family testimony, and economic experts can help support those losses. The amount requested should reflect the evidence in your family’s case.
Step 3: Present the Claim and Negotiate
Once the investigation supports a demand, we can present the claim to the appropriate insurance companies or defendants. Demand letters generally explain why they may be responsible and the damages your family is seeking. Negotiations or mediation can happen before or after a civil lawsuit begins.
The final decision about a settlement is yours. We can walk you through what the offer means and what your options look like if you decide to keep the case moving.
Step 4: File a Lawsuit When Needed
If we need to file suit, the case enters civil litigation and the court process begins. Then, both sides can request records, take depositions, and work through the legal disputes that need to be resolved before trial.
Houston wrongful death cases can proceed in the appropriate Harris County court, including the civil district courts when they have jurisdiction. If the case reaches trial, both sides present their evidence, and appellate matters can come up later if a ruling or verdict is challenged.
What Are the Odds of Winning a Wrongful Death Lawsuit?
No lawyer can give you a reliable percentage without reviewing the evidence. The strength of a wrongful death case depends on proof of liability, causation, damages, and any defenses raised by the other side.
The defense will usually look for weaknesses in the case. That can mean challenging who was responsible, pushing back on the damages, or using discovery to question the evidence your family has.
Founder Mark Thiessen has handled more than 220 jury trials during his career. That courtroom experience reflects our firm’s approach to fighting for the people and winning by preparing wrongful death cases with trial in mind from the start.
What Can Strengthen a Wrongful Death Case?
The stronger the proof, the harder it is for the other side to rewrite what happened. We look for records, witness accounts, photos, and other evidence that can support your family’s version of events and the losses caused by the death.
Thiessen Law Firm’s trial-first approach means we look closely at the evidence from the start and prepare for the arguments the other side may raise later.
What Is the Statute of Limitations for Wrongful Death in Texas?
Tex. Civ. Prac. & Rem. Code § 16.003(b) generally gives families two years after the injured person’s death to file a lawsuit for injury resulting in death. The cause of action accrues on the date of death.
Two years can pass quickly after a loss, especially when your family is still trying to understand what happened. Starting earlier gives your lawyer more time to investigate the case and deal with filing requirements before the deadline gets close.
Our Houston wrongful death lawyers can examine the timeline and determine which filing or notice deadlines apply to your case.
Can Other Deadlines Apply?
Yes. Some wrongful death cases have additional deadlines. Claims involving a governmental unit can fall under the Texas Tort Claims Act. Tex. Civ. Prac. & Rem. Code § 101.101 generally gives the governmental unit a right to notice within six months of the incident, although other notice rules or the statute’s actual-notice provision may apply.
Health care liability claims have their own deadlines under Chapter 74. In many cases, you have two years from the medical event at issue, and a 10-year statute of repose can set the outside limit.
Talk With a Wrongful Death Lawyer in Houston About Your Family’s Options
You do not need to know exactly what caused your loved one’s death before asking legal questions. Thiessen Law Firm can investigate the evidence, explain the claims Texas law allows, and communicate with insurance companies or opposing lawyers on your behalf.
The family-owned firm has served clients since 2011 and is rooted in Houston. We Fight Giants reflects the way our team approaches powerful insurance companies and other defendants when families need someone ready to push back.
Speak with our wrongful death lawyers in Houston during a free consultation. Tell us what happened, and we can explain what options are available to your family.