Wrongful Death Claims in Texas
Houston Wrongful Death Lawyer
Losing a loved one is heartbreaking. When the death was caused by someone else's negligence, recklessness, or carelessness, the pain is even greater. Families are often left with overwhelming grief, unexpected financial burdens, and the difficult task of holding the responsible party accountable. The Miller Law Firm — home of The Texas Bulldog — is here to help.
At The Miller Law Firm, 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 important, a wrongful death claim lets a family demand accountability from the negligent individuals, businesses, or corporations that caused the loss.
Quick Answer: Who Can File a Wrongful Death Claim in Texas?
If your loved one died because of someone else's negligence, recklessness, or an intentional act in Texas, the surviving spouse, children, and parents can file a wrongful death claim to recover funeral costs, lost income and support, and damages for loss of companionship. You generally have two years from the date of death to file (Tex. Civ. Prac. & Rem. Code § 16.003(b)), so do not wait to get help.
Watch
Houston Wrongful Death Lawyer: Compassionate Justice for Families
Adam Miller — The Texas Bulldog — on wrongful death claims.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil lawsuit brought when a person's life is cut short by another party's wrongful act, neglect, carelessness, unskillfulness, or failure to act. Unlike a criminal case, which focuses on punishment, a wrongful death lawsuit seeks compensation for the losses suffered by the surviving family.
Here are a few examples of how a wrongful death claim can arise:
A Trucking Company
A company that forces its drivers to work beyond legal limits, leading to a fatal crash.
A Property Owner
An owner who ignores dangerous conditions that result in a deadly fall.
An Impaired Driver
A driver who chooses to get behind the wheel after drinking and causes a deadly collision.
Wrongful death claims in Texas are complex because the state has unique laws and procedural requirements that differ from other states. That is why it is important to work with a Houston wrongful death lawyer who understands the legal landscape.
In fatal commercial truck accident cases, preserving evidence early can be critical for proving liability and protecting a family's claim. Learn more in our guide on what evidence disappears fast after a Houston truck accident.
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. Only these family members can file:
The Spouse
The surviving spouse, whether married at the time of the death or previously separated.
The Children
Biological and legally adopted children of the deceased, regardless of age.
The Parents
Both biological and adoptive parents of the deceased.
Siblings, grandparents, and other relatives cannot bring a wrongful death claim in Texas, even if they were very close to the person who died. If none of the eligible family members files within three months of the death, the executor of the estate may be able to file on behalf of the family.
Example: Imagine a family where the father is killed by a drunk driver. His wife and adult children could pursue a wrongful death claim to recover funeral expenses, lost household income, and damages for their emotional suffering. Read more: how long does it take to get compensation after an accident?
Two Different Claims
Wrongful Death Claims vs. Survival Claims
A death caused by someone else's negligence can involve two separate legal claims. They are often filed together, but they compensate different people for different losses.
Wrongful Death Claim
Compensates the surviving spouse, children, and parents for their own losses: the financial support, guidance, and companionship they lost. This claim belongs to those family members directly.
Survival Claim
Compensates for what the deceased could have claimed had they lived: medical bills, pain and suffering, and lost income between the injury and the death. This claim belongs to the estate.
Missing either claim can mean leaving real compensation on the table. For a deeper explanation, read our Texas wrongful death guide.
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:
Lost Financial Support
The income and financial contributions the deceased would have provided to the family, including future earning capacity.
Loss of Benefits
Retirement funds, health insurance, and other employment benefits that are no longer available.
Funeral and Burial Costs
Often tens of thousands of dollars in funeral and burial expenses.
Medical Expenses
Costs of emergency care or hospital bills incurred before the victim passed away.
Loss of Companionship and Society
The loss of the relationship, guidance, and comfort the family member provided.
Mental Anguish
The grief and emotional pain surviving family members experience after the loss.
Families may also be able to recover for the loss of what the deceased would likely have added to the estate over a normal lifetime. If the death was caused by gross negligence or a willful act, Texas law also allows punitive (exemplary) damages. Damages are divided among the eligible family members based on the harm each one suffered.
Fatal Accidents We Handle
A wrongful death claim can arise from almost any situation where negligence causes a fatal injury. These are some of the most common causes we see.
Car Accidents
High-speed collisions and impaired or distracted driving remain among the leading causes of fatal crashes. See our car accident page.
Truck and 18-Wheeler Accidents
The size and weight of a commercial truck make fatal crashes more likely. See our truck accident page.
Motorcycle Accidents
Riders have little protection, so fatal injuries are common. See our motorcycle accident page.
Drunk Driving Accidents
Impaired drivers cause some of the most preventable deaths. Learn more about DUI and DWI accidents.
Pedestrian Accidents
People on foot take the full force of a crash. See our pedestrian accident page.
Bus Accidents
School, city, and charter bus crashes can involve many victims. See our bus accident page.
Rideshare Accidents
Uber and Lyft crashes involve layered insurance policies. See our rideshare accident page.
Dangerous Property and Defective Products
Unsafe premises and defective products can cause fatal injuries. See our premises liability page.
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.
- 1Investigating the cause of death and identifying every liable party.
- 2Collecting evidence such as accident reports, medical records, and witness statements.
- 3Working with experts in accident reconstruction, workplace safety, or medicine.
- 4Negotiating with insurance companies that try to minimize payouts.
- 5Taking cases to trial when settlement offers are unfair.
Our team focuses solely on Texas personal injury and wrongful death law. That focus means we bring experience and resources to every case, and we run a trial-ready boutique practice, not a settlement mill.
Related: truck accident lawyers in Houston.
How Much Does a Wrongful Death Lawyer Cost?
At The Miller Law Firm, you pay nothing upfront. We work on a contingency fee basis, which means we only get paid if we win.
- You pay nothing upfront.
- We advance the costs of the case, including expert witness fees and court filings.
- We only get paid if we win your case.
- If there is no recovery, you owe us nothing.
Many families hesitate to call an attorney because they worry about cost. This arrangement allows families to pursue justice without financial risk. Related: is it better to settle your Texas car accident case outside of court?
Do Not Wait
Texas Wrongful Death Statute of Limitations
In Texas, a wrongful death claim must generally be filed within two years of the date of death (Tex. Civ. Prac. & Rem. Code § 16.003(b)). Failing to act within this period may permanently bar your claim.
Narrow exceptions may exist, but they are rare and depend on the facts. Consulting a lawyer early ensures you do not miss important deadlines. A related survival claim can have its own deadline, so talk to an attorney about both. For more detail, read our Texas statute of limitations guide.
Related: legal malpractice attorney in Texas.
First Steps for Your Family
There is no right way to grieve, and legal decisions can wait while your family takes care of each other. When you are ready, a few early steps can protect your rights.
1
Keep every record
Save the death certificate, accident or police reports, medical bills, and funeral and burial receipts.
2
Preserve evidence
Do not repair or discard a vehicle, personal items, photos, or videos connected to the death.
3
Be careful with insurers
Do not give a recorded statement or sign a release until you understand your rights. Read our recorded statement guide.
4
Watch for illegal solicitation
If a caller or case runner contacts you first, that may be illegal under Texas law. See what to do if a lawyer contacts you first.
5
Talk to an attorney early
The sooner evidence is preserved and the right parties are identified, the stronger your family's claim can be.
Client Reviews
Nothing builds trust like hearing directly from the people we have helped. Here is what some of our clients say.
★★★★★
“Adam Miller and his staff are very kind, respectful and professional. They handled my situation very well and made me feel comfortable. I was even able to speak to him directly if I had to discuss any concern I had. I definitely recommend them.”
G Rodriguez
Google Review
★★★★★
“Miller Law Firm is your best choice if you are ever in an accident. They were with me every step of the way and helped me win big! Excellent customer service and an attorney that truly cares! Highly recommend!”
Devin Hebert
Google Review
★★★★★
“Adam Miller is representing me in regards to a vehicle related accident. He is honest, straight forward, and made me feel comfortable during a time of uncertainty. Do not hesitate to call the Miller Law Firm!”
Reed Harding
Google Review
★★★★★
“If you are ever in an accident contact the Miller Law Firm. They are so helpful and reliable. The staff there are amazing and knowledgeable about your case. If they don't know they will find out. Mr. Miller is amazing and funny. It's a Texas BullDog thing.”
Tericka Marshall
Google Review
Helpful Guides and Resources
These guides explain the Texas laws and deadlines that matter most after a fatal accident.
Texas Wrongful Death GuideWho can file, what damages are available, and how long you have.Read the guide →Fatality Accidents and Wrongful Death ClaimsA Houston lawyer's guide to fatal crashes and what comes next.Read the guide →Texas Statute of Limitations GuideThe filing deadlines for injury and wrongful death claims.Read the guide →Texas Comparative Fault GuideHow shared fault can affect a claim.Read the guide →Texas Hospital Liens GuideHow hospital liens can affect a settlement.Read the guide →What Evidence Disappears Fast After a Truck AccidentWhy early action matters in a fatal commercial truck crash.Read the guide →
Wrongful Death FAQs
Here are answers to the questions families ask us most often.
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 properties, defective products, and workplace or trucking accidents. These claims are civil actions meant to compensate families for their loss, separate from criminal charges.
Who can file a wrongful death claim in Texas?
Texas law allows spouses, children (including adult and adopted children), 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.
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.
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 mental anguish and loss of companionship. In some cases, punitive damages may also apply.
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.
What damages are available in a wrongful death lawsuit?
Families may seek economic damages (medical bills, funeral costs, lost income) and non-economic damages (mental anguish and loss of companionship). Some cases also include loss of inheritance or punitive damages for gross negligence.
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.
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.
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.
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 make sure your family receives fair compensation and guide you through a difficult process.
Can my family still file if our loved one was partly at fault?
Possibly. Texas uses modified comparative fault, so the share of blame assigned to the person who died can reduce what the family recovers, and a share of more than 50% can bar the claim. An attorney can review the facts and fight to keep that percentage as low as possible. Read our comparative fault guide.
How much does it cost to hire a wrongful death lawyer?
You pay nothing upfront. The Miller Law Firm works on a contingency fee basis, covers the costs of the case, and only gets paid if there is a recovery. If there is no recovery, you owe nothing.
Ready to Speak With an Attorney?
Contact The Texas Bulldog
At The Miller Law Firm, we know how devastating it is to lose a loved one unexpectedly. That is 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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