Houston Wrongful Death Lawyer
Compassionate Legal Support After the Preventable Loss of a Loved One
Losing someone you love is devastating. Learning that the death may have been preventable can leave your family facing grief, anger, unanswered questions, and sudden financial strain all at once. A wrongful death claim cannot undo what happened. It can help your family get answers, hold the responsible party accountable, and ease the financial burden the loss has created.
As a Houston wrongful death lawyer, Sue West represents families in Houston, Katy, Harris County, Fort Bend County, and surrounding Texas communities. Our team at The West Law Office approaches every case with compassion, honesty, and a commitment to finding out what happened.
When Is Death Considered Wrongful Under Texas Law?
Texas law allows a wrongful death claim when a person dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. In general, the family must show that their loved one could have brought a personal injury claim against that party if they had survived.
These cases may stem from one careless decision or a pattern of unsafe conduct. A driver may run a red light. A trucking company may put an unsafe vehicle on the road. A property owner may ignore a known hazard. A manufacturer may sell a product with a dangerous defect.
The central question is whether someone else’s conduct caused the death. Sue reviews the available evidence to help your family understand whether a Texas wrongful death claim may be possible.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits wrongful death claims to the surviving spouse, children, and parents of the person who died. One or more of these family members may file on behalf of all of them, and their claims are generally resolved together in a single lawsuit.
Adopted children and adoptive parents may qualify, and a spouse from a valid informal (common law) marriage may also be eligible. Siblings, grandparents, and other relatives cannot bring a wrongful death claim, although some may have an interest in a related survival claim depending on how the estate passes.
Sue can review your family’s circumstances, explain who is eligible, and help make sure the right people are included from the start.
Fatal Accidents That May Lead to Wrongful Death Claims
The West Law Office handles wrongful death cases arising from many types of negligence, including:
- Car and highway accidents
Speeding, distracted driving, drunk driving, and unsafe lane changes are common causes of fatal car accidents on Houston area roadways such as Interstate 10 and the Sam Houston Tollway. - Truck and commercial vehicle accidents
Fatal truck crashes may involve the driver, trucking company, vehicle owner, maintenance provider, or another company connected to the vehicle’s operation. - Pedestrian, bicycle, and motorcycle accidents
People outside a passenger vehicle have little protection in a collision. Pedestrian accidents and motorcycle crashes are especially likely to cause fatal injuries when a driver fails to pay attention or follow traffic laws. - Dangerous property and negligent security
Under premises liability law, property owners and businesses may be responsible when unsafe conditions or inadequate security contribute to a fatal fall, assault, or other preventable incident. - Defective products
A dangerous vehicle part, machine, appliance, or consumer product may support a product liability claim against the manufacturer, distributor, or seller.
Every case depends on its facts. Sue focuses on identifying what caused the death and every person or company that should be held responsible.
How a Wrongful Death Case Differs From a Criminal Case
Some fatal incidents lead to criminal charges, but a criminal prosecution and a wrongful death claim are separate cases with different goals.
The prosecutor decides whether to file charges and how the case proceeds. A criminal case focuses on punishment, such as jail time or probation, and requires proof beyond a reasonable doubt.
A wrongful death lawsuit is a civil case brought by eligible family members to hold the responsible party financially accountable. It requires a lower standard of proof, generally a preponderance of the evidence, which means it is more likely than not that the defendant caused the death.
Because the standards differ, your family may still have a claim even if no arrest is made, charges are dropped, or the defendant is found not guilty.
What Compensation May Be Available?
No amount of money can replace someone you love. A wrongful death claim instead addresses the losses your family has suffered because of the death. Depending on the circumstances, damages may include:
- Lost earnings, financial support, and household services your loved one would have provided
- Loss of care, advice, counsel, and guidance
- Loss of companionship and society
- Mental anguish
- Loss of inheritance, meaning the savings your loved one would likely have accumulated and left to the family
The value of a claim depends on factors such as your loved one’s age, health, earning capacity, and relationship with each surviving family member. Any recovery is divided among the eligible family members based on their individual losses.
When a death is caused by gross negligence or a willful act or omission, exemplary damages may also be available. Texas law places limits on these damages and on which family members may recover them, so Sue evaluates the evidence carefully before pursuing them.
What Is The Difference Between Wrongful Death Claims and Survival Claims?
A wrongful death claim compensates the surviving spouse, children, and parents for their own losses.
A survival claim is the claim your loved one could have brought if they had lived. It belongs to the estate and may recover losses your loved one experienced before death, such as medical expenses, conscious pain and suffering, and lost earnings, along with funeral and burial costs.
Both claims can arise from the same incident and are often pursued together. Sue can determine whether the facts support one or both.
Building a Case When Your Loved One Cannot Tell Their Story
One of the hardest parts of a wrongful death case is that the person who died cannot explain what happened. The responsible party may deny fault or try to place the blame on someone who is no longer here to respond.
The evidence has to tell the story.
Depending on the case, it may include police reports, witness statements, surveillance or dashcam footage, vehicle data, photographs, company records, inspection and maintenance logs, medical records, and expert analysis.
Sue works to preserve this evidence, challenge unfair attempts to shift blame, and build a clear account of how the death occurred.
She also handles communication with insurance companies and defense attorneys so your family does not have to manage those conversations while grieving.
Evidence can disappear quickly. Vehicles are repaired, video is recorded over, and witnesses become harder to find. Reaching out early gives your legal team a better opportunity to secure what is needed.
Contact The West Law Office: 281-347-3247
What Our Clients Say
How Long Does a Family Have to File a Wrongful Death Lawsuit in Texas?
In most cases, Texas requires a wrongful death lawsuit to be filed within two years of the date of death. Certain circumstances can affect this deadline, and the deadline for a related survival claim may be calculated differently. Claims involving a city, county, or other government entity may also require formal written notice within months of the incident.
Families should not wait until a deadline approaches. Investigating the death, identifying every responsible party, preserving evidence, and reviewing insurance coverage all take time. Speaking with a Houston wrongful death attorney early helps protect your family’s rights.
Why Families Choose The West Law Office
Wrongful death cases require more than legal knowledge. Families need an attorney who understands the weight of their loss and will treat their loved one’s story with care.
Sue West gives each family personal attention. She explains the process in plain terms, answers questions honestly, and builds a strategy around the facts of your case rather than a standard approach.
The firm is prepared to investigate large companies, stand up to insurance carriers, and pursue accountability on your family’s behalf while giving you the space to grieve.
Serving Families in Houston, Katy, and Fort Bend County
Our office on Highway 6 in West Houston is a short drive from Katy and accessible to families throughout Harris County, Fort Bend County, and surrounding communities.
Many families are unsure whether they have a claim or where to begin. A consultation gives you a chance to ask questions, understand your options, and decide what is right for your family, with no pressure to move forward.
Contact a Houston Wrongful Death Lawyer Today
If your loved one died because of another person or company’s negligence, you do not have to search for answers alone.
The West Law Office can investigate what happened, explain your family’s rights, and pursue accountability from the responsible parties.
Frequently Asked Questions About Houston Wrongful Death Claims
1. What qualifies as wrongful death in Texas?
A wrongful death may occur when someone dies because of another person or company’s negligence, carelessness, wrongful act, or failure to act. The family must generally show that the deceased person could have brought a personal injury claim if they had survived. Common examples include fatal vehicle accidents, dangerous property conditions, defective products, and workplace incidents.
2. Who can file a wrongful death claim in Texas?
Texas law allows the surviving spouse, children, and parents of the deceased person to bring a wrongful death claim. These family members may file together or separately, although their claims are generally addressed in one legal action. Siblings and more distant relatives generally cannot file based only on their family relationship.
3. What happens if the family does not file the wrongful death claim?
If eligible family members do not file a claim within three calendar months after the death, the personal representative of the estate may be required to bring the action. An exception may apply if all eligible surviving family members request that the claim not be filed. An attorney can determine who has the right to act based on the family’s circumstances.
4. What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates eligible family members for the losses they experienced because of their loved one’s death. A survival claim addresses certain losses the deceased person experienced between the injury and death, such as medical expenses and conscious pain. Both claims may arise from the same fatal incident, but they serve different purposes.
5. What compensation may be recovered in a wrongful death claim?
Compensation may include lost financial support, lost household services, lost care and guidance, loss of companionship, mental anguish, and lost inheritance. The available damages depend on the deceased person’s age, health, earning history, family responsibilities, and relationship with each eligible beneficiary.
6. Does someone have to face criminal charges before the family can file?
No. A wrongful death lawsuit is a civil case and does not depend on whether the responsible person is arrested, charged, or convicted. A family may still have a valid claim when prosecutors decide not to pursue charges or when the incident involved negligence rather than a criminal act.
7. What if the responsible party blames my loved one for the accident?
Defendants and insurance companies may argue that the deceased person caused or contributed to the incident. Any finding of responsibility assigned to your loved one could reduce or prevent a financial recovery. Police reports, witness statements, photographs, video footage, physical evidence, and expert analysis may help challenge an unsupported attempt to shift blame.
8. How is a wrongful death claim proven when my loved one cannot testify?
The case must be built using evidence from other sources. This may include accident reports, witness accounts, surveillance footage, vehicle information, medical records, company policies, inspection documents, maintenance records, and expert testimony. Beginning the investigation quickly can help preserve evidence before it is lost or destroyed.
9. How long does a family have to file a wrongful death lawsuit in Texas?
A Texas wrongful death lawsuit generally must be filed within two years of the person’s death. Certain circumstances may affect the deadline, but families should not assume an exception applies. Speaking with an attorney promptly provides more time to investigate the death and protect the family’s rights.
10. Should I accept a settlement offer from the insurance company?
You should understand exactly what the offer covers before accepting it. An early settlement may not account for the full financial and personal losses experienced by every eligible family member. Accepting an offer and signing a release may also prevent the family from pursuing additional compensation later.
