Auto Accidents
Representation for drivers and passengers injured in serious motor vehicle crashes caused by negligence.
Learn MoreTexas wrongful death attorneys
Compassionate, aggressive representation for surviving spouses, children, and parents pursuing accountability after a preventable death.
When negligence takes a life
No legal outcome can replace someone you love. What a wrongful-death case can do — when handled properly — is hold the people responsible accountable, secure the financial future of those left behind, and force changes that prevent the same conduct from harming another family.
We represent surviving spouses, children, and parents in Texas wrongful-death cases arising from auto and trucking collisions, offshore and oilfield catastrophes, premises hazards, and workplace incidents. Our role is to take the legal weight off your family while you grieve.
Cases we handle
We accept Texas wrongful-death cases involving:
- Fatal automobile and commercial-truck collisions
- Offshore and maritime fatalities under the Jones Act and DOHSA
- Oilfield blowouts, fires, and equipment-failure deaths
- Workplace fatalities involving non-subscriber employers
- Drunk-driver crashes resulting in death
- Catastrophic premises and security-failure cases
Texas wrongful death law
The Texas Wrongful Death Act allows the surviving spouse, children, and parents to sue for their own losses caused by the death — including loss of companionship, mental anguish, lost earnings the deceased would have provided, and loss of inheritance. The Texas Survival Statute is a separate cause of action that allows the estate to recover for the deceased's pre-death pain and suffering, medical expenses, and funeral costs.
Compensation we pursue
Damages typically include lost financial support, loss of household services, loss of companionship and society, mental anguish, funeral and burial expenses, and the deceased's pre-death medical bills and pain. In cases involving gross negligence, exemplary (punitive) damages may also be available. We work with forensic economists to model the financial impact across the surviving family's lifetime.
Why time is critical
Texas generally imposes a two-year statute of limitations running from the date of death. But cases against governmental defendants, common carriers, and certain other entities have shorter notice deadlines — sometimes 90 days or less. Evidence at the scene of a fatal incident also disappears quickly. Calling counsel does not commit you to anything; it simply preserves your options.
2 yrs
Texas statute of limitations from the date of death
3
Statutory beneficiary classes — spouse, children, parents
$0
Out-of-pocket cost for a confidential consultation
Frequently Asked
Common questions about wrongful death cases
If your question isn't answered here, contact our team — every case is different, and a quick conversation costs nothing.
Who can file a wrongful-death claim in Texas?
Under the Texas Wrongful Death Act (Civ. Prac. & Rem. Code §71.004), only the surviving spouse, children (including adult children), and parents of the deceased may file. Siblings and other relatives are not eligible to bring the claim. If the eligible beneficiaries do not file within three months of the death, the personal representative of the estate may file unless the family asks them not to.
What's the difference between a wrongful-death claim and a survival action?
A wrongful-death claim compensates surviving family members for their own losses (loss of companionship, mental anguish, lost financial support). A survival action is brought by the estate and recovers damages the deceased could have recovered if they had lived — pre-death medical bills, conscious pain and suffering, and funeral expenses. The two claims are usually filed together in the same lawsuit.
What damages are recoverable in a Texas wrongful-death case?
Recoverable damages include loss of financial support and household services, loss of companionship and society, mental anguish, loss of inheritance the deceased would have accumulated, the deceased's pre-death pain and suffering, and funeral and burial expenses. In cases of gross negligence, exemplary damages may be available subject to Texas's statutory caps.
Are wrongful-death damages capped in Texas?
For most ordinary wrongful-death cases, compensatory damages are not capped. Caps apply in specific contexts — medical-malpractice cases (per Civ. Prac. & Rem. Code Chapter 74) and claims against governmental defendants under the Texas Tort Claims Act. Exemplary damages are capped under Chapter 41. An attorney can tell you which caps, if any, apply to your case.
How long do I have to file a wrongful-death lawsuit in Texas?
The general statute of limitations is two years from the date of death. Limited exceptions exist — for minor beneficiaries, fraudulent concealment, and certain Tort Claims Act notices that must be given much earlier. Because notice deadlines for governmental defendants can be as short as 90 days, the safest course is to consult with an attorney quickly.
Are wrongful-death settlements taxable?
Under federal law (IRC §104(a)(2)), compensation for personal physical injuries or sickness — including the wrongful-death portion of a settlement — is generally excluded from gross income. Punitive damages and certain interest portions are usually taxable. Tax treatment is fact-specific, and you should review any settlement with a tax professional before signing.
Can siblings file a wrongful-death claim in Texas?
Generally, no. The Texas Wrongful Death Act limits standing to the surviving spouse, children, and parents of the deceased. Siblings are not eligible beneficiaries even if they were close to the deceased. They may, however, be witnesses, support family members emotionally, and assist the estate where appropriate.
Related practice areas
Many serious injury cases overlap multiple practice areas. Here are a few related matters our firm handles regularly.
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