Seeking Justice After a Wrongful Death in Texas
Losing a loved one is heartbreaking, but when the death is caused by someone else’s negligence, recklessness, or carelessness, the devastation is even greater. Surviving family members are often left with overwhelming grief, unexpected financial burdens, and the difficult task of holding the responsible party accountable.
At The Miller Law Firm – home of The Texas Bulldog, we know that no amount of money can replace the life of your loved one. But financial recovery can help ease the burden of funeral expenses, medical bills, and the sudden loss of income and support. More importantly, wrongful death claims allow families to demand accountability from negligent individuals, businesses, or corporations.
Table of Contents
- What is a Wrongful Death Claim in Texas?
- Who Can File a Wrongful Death Claim in Texas?
- Compensation Available in Wrongful Death Cases
- Why Hire The Miller Law Firm – The Texas Bulldog
- How Much Does It Cost to Hire a Wrongful Death Lawyer in Texas?
- Texas Wrongful Death Statute of Limitations
- People Also Ask
- Contact The Texas Bulldog Today
- Map
- Reviews
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil action brought when a person’s life is cut short due to another party’s wrongful act, neglect, carelessness, unskillfulness, or failure to act. Unlike criminal charges, which focus on punishment, wrongful death lawsuits seek compensation for the losses suffered by surviving family members.
For example:
A trucking company that forces its drivers to work beyond legal limits, leading to a fatal crash.
A property owner who ignores dangerous conditions that result in a deadly fall.
A medical professional who makes a preventable surgical error.
Wrongful death claims in Texas are complex because the state has unique laws and procedural requirements that differ from other states. That’s why it’s crucial to work with a Houston wrongful death lawyer who understands the legal landscape.
Related: Houston Lawyer Guide to Fatality Accidents and Wrongful Death Claims
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can pursue a wrongful death lawsuit. Eligible parties include:
Spouse of the deceased – whether married at the time or previously separated.
Children of the deceased – including biological and legally adopted children, regardless of age.
Parents of the deceased – both biological and adoptive parents.
If none of these eligible family members file a claim within three months of the death, the executor of the estate may be able to file on behalf of the family.
Example Case
Imagine a family where the father is killed in a workplace accident. His wife and adult children could pursue a wrongful death claim to recover funeral expenses, lost household income, and damages for emotional suffering.
Learn more: How long does it take to get compensation after an accident?
Compensation Available in Wrongful Death Cases
Every wrongful death case is different, but families may be entitled to recover both economic and non-economic damages. These can include:
| Category | Type | Description |
|---|---|---|
| Medical expenses | Economic | Costs of emergency care or hospital bills incurred before the victim passed. |
| Funeral & burial costs | Economic | Often tens of thousands of dollars in funeral and burial expenses. |
| Lost wages & future earning capacity | Economic | Compensation for the income the deceased would have provided to their family. |
| Loss of benefits | Economic | Retirement funds, health insurance, and other employment benefits that are no longer available. |
| Loss of companionship & support | Non-Economic | The emotional and relational toll on surviving family members after losing their loved one. |
| Pain & suffering | Non-Economic | The grief and mental anguish surviving loved ones experience after a wrongful death. |
Why Hire The Miller Law Firm – The Texas Bulldog
Wrongful death cases require more than sympathy — they demand aggressive investigation, legal skill, and courtroom strategy. The Texas Bulldog fights tirelessly for grieving families by:
Investigating the cause of death and identifying liable parties.
Collecting evidence such as accident reports, medical records, and witness statements.
Working with experts in accident reconstruction, workplace safety, or medicine.
Negotiating with insurance companies that try to minimize payouts.
Taking cases to trial when settlement offers are unfair.
Our team focuses solely on Texas personal injury and wrongful death law. This singular focus means we bring unmatched experience and resources to every case.
👉 Related: Truck accident lawyers in Houston
How Much Does It Cost to Hire a Wrongful Death Lawyer in Texas?
Many families hesitate to contact an attorney because they worry about costs. At The Miller Law Firm, we work on a contingency fee basis. This means:
This arrangement allows families to pursue justice without financial risk.
Related: Is it better to settle your Texas car accident case outside of court?
Texas Wrongful Death Statute of Limitations
In Texas, wrongful death claims must generally be filed within two years of the date of death. Failing to act within this period may permanently bar your claim.
Exceptions may exist, such as when the defendant concealed their wrongdoing or when the plaintiff was a minor at the time of death. However, these exceptions are rare. Consulting a lawyer early ensures you don’t miss important deadlines.
Related: Legal malpractice attorney in Texas
People Also Ask
1. What qualifies as wrongful death in Texas?
A wrongful death occurs when someone’s life is taken due to negligence, recklessness, or an intentional act. Examples include fatal car accidents, unsafe workplaces, defective products, or medical malpractice. These claims are civil actions meant to compensate families for their loss, separate from criminal charges.
2. Who can file a wrongful death claim in Texas?
Texas law allows spouses, children (including adult and adopted), and parents to file. If no one files within three months, the estate’s executor may pursue the claim. Siblings and grandparents cannot bring wrongful death actions in Texas.
3. How long do I have to file a wrongful death lawsuit in Texas?
The statute of limitations is generally two years from the date of death. Missing this deadline can bar your family from recovering damages, so it’s best to consult a wrongful death lawyer as soon as possible.
4. How much compensation can families receive?
Compensation varies based on factors like the victim’s income, age, and the family’s losses. Families may recover funeral expenses, lost wages, loss of benefits, and damages for pain, suffering, and companionship. In some cases, punitive damages may also apply.
5. Can siblings file a wrongful death claim in Texas?
No. Texas law only permits spouses, children, and parents to bring a wrongful death lawsuit. Siblings, grandparents, and other relatives are not eligible, even if they were very close to the deceased.
6. What damages are available in a wrongful death lawsuit?
Families may seek economic damages (medical bills, funeral costs, lost income) and non-economic damages (pain, suffering, and loss of companionship). Some cases also include loss of inheritance or punitive damages for gross negligence.
7. Do wrongful death cases go to trial in Texas?
Many cases settle through negotiations with insurance companies. However, if a fair settlement cannot be reached, the case may go to trial, where a judge or jury decides the outcome.
8. What’s the difference between wrongful death and survival actions?
Wrongful death claims compensate family members for their losses. Survival actions allow the estate to recover damages the deceased could have claimed, like medical bills and pain and suffering before death.
9. Are wrongful death settlements taxable in Texas?
Generally, compensation for wrongful death is not taxable. However, punitive damages or interest on settlements may be taxed. Families should review settlement details with both their attorney and a tax advisor.
10. How can a wrongful death lawyer help my family?
A lawyer investigates the death, gathers evidence, works with experts, negotiates with insurers, and fights in court if necessary. They ensure your family receives fair compensation and guide you through a difficult process.
Contact The Texas Bulldog Today
At The Miller Law Firm, we know how devastating it is to lose a loved one unexpectedly. That’s why we dedicate our time, resources, and courtroom skills to fighting for families like yours. Whether through settlement negotiations or trial, we will aggressively pursue justice and financial recovery on your behalf.
📞 Call 713-572-3333 today for a free consultation with The Texas Bulldog. We are ready to stand by your side.
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