Texas Wrongful Death Laws: What Houston Families Should Understand When Pursuing a Claim

Families in Houston TX, coping with the sudden loss of a loved one can be subject to extreme emotional and financial distress. In mourning and confused, these survivors often don’t know where to turn for help and support in their time of need. Consulting with a lawyer is a critical first step to protecting your rights and fighting for justice for your loved one in the days after a fatal accident.

The Houston wrongful death lawyers at Carabin Shaw are here to help you get the justice you deserve. We have been winning cases for Texans like you for over three decades. Contact us online or at our toll-free number, 1-800-862-1260, for a free consultation today!

Under Texas wrongful death laws, the right to file a wrongful death case after the tragic and unexpected loss of a loved one is limited to certain surviving family members. Eligible parties include:

• Surviving spouses
• Parents of the deceased
• Children, including non-biological but legally adopted children

Other family members, like siblings or cousins, are generally unable to file a Texas wrongful death lawsuit. In general, eligible family members have a three-month window in which to file their suit. If they do not do so, an executor or personal representative may sometimes file the case with a lawyer, unless family members request otherwise.

If a survivor is eligible to file a claim under state law, they may be entitled to receive compensation for a variety of both measurable and non-measurable losses. These types of Texas wrongful death damages typically include:

• Loss of earning capacity
• Loss of inheritance
• Medical, funeral, and burial expenses
• Mental anguish, pain, and suffering
• Loss of companionship and support

If your loved one's death resulted from gross negligence or willful misconduct, your attorney may also ask for exemplary damages to discourage these practices in the future.

Under Texas state law, there is generally a two-year statute of limitations on wrongful death claims. This means that if you don’t file within a two-year period, you may put your ability to recover damages at risk. This is why it’s important to find qualified legal representation as soon as possible after a tragic loss.

Evidence can also disappear quickly in the aftermath of an accident. Witnesses' memories fade, surveillance footage is typically deleted quickly, and companies may change or delete their internal records. These factors make it especially critical that you file a claim as soon as possible once you have suffered a loss.

If you have missed this deadline, you should still speak with a lawyer about your ability to make a claim. Limited exceptions do apply depending on circumstances, which may still allow you to recover damages.

Unfortunately, wrongful death claims in Houston may arise from a wide variety of preventable causes. Common examples of accidents that might be handled by a Houston wrongful death law firm include:

• Car and truck crashes on major roads like the I-10, I-45, and Loop 610
• Workplace accidents involving manufacturing or construction sites
• Dangerous property conditions leading to accidents
• Defective products that cause harm
• Medical negligence or malpractice

If you have lost a loved one to these or any other accidental causes, immediately consulting with an experienced attorney is an essential first step.

At Carabin Shaw, we have proven experience litigating wrongful death cases for grieving families, and we fight to win. To make our expert legal services available to all, we offer our services on a contingency-fee-basis. You won’t pay a dime until we win.

Read our law firm’s client reviews to see how we’ve helped clients just like you, and don’t delay, call today. Our toll-free number, 1-800-862-1260, is monitored 24/7, so someone is always on hand to take your call. English and Spanish-speaking staff are available to support you every step of the way. Don’t suffer alone in the aftermath of an accidental death. Carabin Shaw is here to win the justice you deserve!

For more information:

• Texas Statutes 71
• Cornell Law School
• Texas Statutes 16