Losing a loved one due to someone else’s negligence is among the most devastating experiences a family can endure. Texas law provides a path to justice through a wrongful death claim. Our Houston wrongful death attorneys handle these deeply personal cases with the care, tenacity, and compassion they deserve.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies due to the wrongful act, negligence, carelessness, or default of another person or entity. A wrongful death action is entirely separate from any criminal charges that may also be filed against the responsible party.
Who Has the Right to File in Texas?
Under the Texas Wrongful Death Act, the following family members may bring a claim: the surviving spouse, children (including adult children), and parents of the deceased. If none of these parties file within three months of the death, the executor or administrator of the estate may bring the claim — unless all eligible family members instruct them not to.
What Damages Can Be Recovered?
- Loss of financial support and future earnings the deceased would have provided
- Loss of companionship, love, affection, and emotional support
- Mental anguish suffered by surviving family members
- Loss of household services the deceased performed
- Medical expenses incurred between injury and death
- Funeral and burial expenses
In addition, a separate survival action may be filed by the estate to recover damages for the pain, suffering, and lost earnings experienced by the deceased between the time of injury and death.
When a Fatal Car Accident Leads to a Wrongful Death Case
Many of our wrongful death cases begin as fatal car accidents involving drunk drivers, commercial trucks, or reckless motorists. In these cases, the evidence gathered at the scene and in the immediate aftermath is critical to building a successful claim — which is why contacting legal counsel as quickly as possible matters so much.
The Two-Year Statute of Limitations
Most Texas wrongful death cases must be filed within two years of the date of death. When government entities are involved, even shorter notice deadlines may apply. Just as in any personal injury case, acting quickly with qualified legal counsel is absolutely critical.
We Are Here for Your Family
No amount of money can replace your loved one. But holding the responsible party accountable provides justice and financial security for your family’s future. Call Maida Law Firm at 713-785-9484 for a compassionate, free consultation. There are no fees unless we win.