Key Takeaways: What Every Wrongful Death Family Should Know
- In Texas, only spouses, children, and parents can file a wrongful death claim. Siblings, grandparents, and other relatives cannot sue.
- Two-year deadline applies from the date of death, with limited discovery rule exceptions. Missing this deadline typically bars all recovery.
- Survival claims recover pre-death suffering experienced by your loved one, while wrongful death claims compensate survivors for their losses.
- Damages may include loss of companionship, mental anguish, inheritance, and future earnings — compensation varies significantly based on circumstances.
- Harris County saw 579 traffic fatalities in 2024, according to data from the Texas Department of Transportation (TxDOT), making experienced legal representation crucial for families seeking justice.
Speak with a compassionate wrongful death attorney today at your free case review. Our experienced Houston wrongful death lawyers will help you understand your rights with no pressure or obligation.
Why Families Trust Simmons & Fletcher With Wrongful Death Cases
During this devastating time of grief for you and your surviving family members, you need a wrongful death lawyer in Houston who will handle the legal complexities with both expertise and compassion. At Simmons & Fletcher, P.C., our experienced wrongful death attorneys understand the profound pain you’re experiencing while fighting tirelessly to secure the justice and compensation your family deserves.
Our track record and successful case results speak for themselves:
- Paul H. Cannon has been recognized as a Texas Super Lawyer from 2017-2025 and holds Board Certification in Personal Injury Trial Law.
- Christopher Fletcher was named a 2021 Texas Super Lawyers Rising Star, with only 2.5% of Texas attorneys receiving this designation.
- Sharon Simmons-Cantrell was named to the prestigious Super Lawyers list by Thomson Reuters in 2024.
- Our firm has served injured families throughout Texas since 1979 with a commitment founded on Christian values.
If we accept your wrongful death case, our dedicated Houston wrongful death lawyers will:
- Provide a thorough free case evaluation with no obligation.
- Investigate every aspect of your loved one’s death to establish negligence.
- Work with expert witnesses to strengthen your claim.
- Handle all communications with insurance companies and opposing counsel;
- Fight for maximum compensation while you focus on healing.
- Take your case to trial if a fair settlement cannot be reached.
Contact our Houston wrongful death law firm today at (713) 932-0777 for your free consultation. You pay no attorney fees unless we recover compensation for your family.
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Who Can File a Wrongful Death Claim in Texas?
Under Texas law, only specific members of the family are eligible to file a wrongful death lawsuit. This is more restrictive than many other states, which may allow some relatives to file claims.
Spouse, Children, Parents (and Estate Role After 3 Months)
The Texas Wrongful Death Statute, codified as Chapter 71 of the Texas Civil Practice and Remedies Code, specifically limits who can bring a wrongful death claim:
- Surviving spouse of the decedent;
- Children (biological and legally adopted) of the decedent;
- Parents of the decedent.
If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the personal representative or administrator of the deceased person’s estate must file the claim instead, unless all eligible family members specifically request that no wrongful death lawsuit be filed.
Please note: In Texas, brothers and sisters of the deceased are without standing under the Act to bring suit for wrongful death. Step-children cannot file this type of claim unless they were formally adopted by the decedent before death.
Get help understanding your eligibility. Contact a qualified wrongful death attorney in Houston to determine who can file a claim in your specific situation.
Wrongful Death vs. Survival Action (What’s the Difference?)
Understanding the difference between wrongful death and survival claims is crucial for maximizing recovery for your family. These are two distinct legal actions that can often be filed together.
What Each Recovers; Who Receives Proceeds; When to File Both
Wrongful Death Claims compensate surviving family members for their losses from the death, including:
- Loss of companionship, consortium, and society;
- Mental anguish and emotional suffering;
- Loss of earning capacity and financial support;
- Loss of household services;
- Loss of inheritance.
Survival Claims recover damages for what your loved one experienced from the time of injury until death:
- Pain and suffering before death;
- Medical expenses;
- Lost wages from injury to death;
- Mental anguish experienced by the decedent.
A wrongful death action is separate and distinct from a survival action, where the individual’s cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate.
If your loved one suffered for any period before death, our experienced Houston wrongful death attorneys can file both claims to ensure your family receives full compensation.
Deadlines & Discovery Rule
In Texas, a person must bring suit in a certain time after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
Two-Year Clock; Discovery Rule Overview; Minors Exception Differences
A plaintiff generally has two years from the date of their loved one’s death to file a wrongful death lawsuit. The Texas wrongful death statute of limitations operates differently from other personal injury claims:
- There is a two-year deadline to file a wrongful death lawsuit from the date of the loved one’s death;
- There is no automatic extension for minors in wrongful death cases;
- If eligible family members don’t file within three months, the estate administrator is compelled to file.
Discovery Rule Exceptions:
If evidence of wrongful death is concealed by the defendant or if fraud is involved, the statute may be extended from the point of discovery of the wrongdoing. Where the defendants or negligence were unknown, the statute of limitations starts when a reasonable person would have known they had a cause of action.
These exceptions are applied sparingly and often require legal intervention to determine their applicability. Not every family will qualify to use them.
Don’t wait to protect your rights. Contact our Houston wrongful death lawyers immediately to ensure all filing deadlines are preserved.
Elements to Prove (Texas Negligence)
To succeed in a wrongful death lawsuit, you must prove that a person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness or default.
To succeed in a wrongful death lawsuit, you must prove the four essential elements of negligence:
- Duty of Care: The defendant owed your loved one a duty to act reasonably to prevent harm.
- Breach: The defendant failed to meet their duty through action or inaction.
- Causation: The breach directly caused your loved one’s death.
- Damages: The death resulted in measurable losses to surviving family members.
Texas courts require plaintiffs to prove these elements by a “preponderance of the evidence” — meaning it’s more likely than not that the defendant’s actions caused the death.
Our experienced wrongful death attorneys will thoroughly investigate your case, gather evidence, and work with expert witnesses to establish each element and build the strongest possible claim for your family.
Damages You May Recover
While no amount of money can replace your loved one, wrongful death damages provide essential financial support and hold negligent parties accountable.
Economic (Funeral, Income, Services)
- Loss of earning capacity and financial support;
- Loss of household services (childcare, maintenance, domestic duties);
- Funeral and burial expenses;
- Medical expenses related to final injury/illness.
Non-Economic (Companionship, Mental Anguish)
- Loss of companionship, consortium, and society;
- Mental anguish from losing your loved one;
- Loss of love, affection, counsel, and guidance;
- Loss of inheritance (what you would have reasonably expected to receive).
Punitive/Exemplary (When Available; Caps Context)
Punitive damages may also be awarded if the defendant’s actions were particularly reckless or malicious. These are designed to punish the wrongdoer and deter similar behavior in the future.
Texas allows exemplary damages in cases involving gross negligence or willful acts. In Texas, there are statutory caps on punitive damages in personal injury cases. An award of exemplary damages may not exceed an amount equal to the greater of: Two times the economic damages plus an amount equal to any non-economic damages found by the jury, not to exceed $750,000, or $200,000.
Common Houston Scenarios We Handle
Our Houston wrongful death attorneys have extensive experience handling fatalities across the Greater Houston area and throughout Texas.
I-45 / Major Freeway Crashes
The Houston area experienced a historically high number of traffic deaths in 2024, with Harris County recording 579 fatalities according to the Texas Department of Transportation’s “Fatal Crashes and Fatalities by County and Road Type 2024” report. The crashes occurred along interstates like I-45, frontage roads, and major roads, clustered where high traffic and high speeds combine.
We handle car accident wrongful death claims, truck accident fatalities, and motorcycle crash fatalities on Houston’s most dangerous roadways.
Plant & Refinery Explosions
Houston’s petrochemical industry creates unique risks for workers and nearby residents. Employers must report worker fatalities to OSHA within eight hours. OSHA investigates all work-related fatalities in all covered workplaces. We represent families in wrongful death cases involving refinery explosions, chemical releases, and industrial accidents throughout Harris County.
Commercial Truck & Bus Fatalities
Large commercial vehicles pose significant dangers on Houston’s busy highways. Our attorneys handle wrongful death claims involving 18-wheelers, delivery trucks, and public transit accidents.
Medical Negligence Resulting in Death
When medical malpractice leads to wrongful death, families face complex legal challenges. We work with medical experts to prove negligence and secure compensation for preventable deaths.
Find out if you have a case. Contact our Houston wrongful death lawyers for a free, confidential case review of your specific situation.
Our Process: What to Expect In A Wrongful Death Case
When you choose Simmons & Fletcher for your wrongful death case, we guide you through every step with compassion and expertise:
- Free Consultation: We meet with you to understand what happened and evaluate your case with no obligation;
- Thorough Investigation: Our team investigates the circumstances of your loved one’s death to identify all liable parties;
- Expert Witnesses: We retain medical experts, accident reconstructionists, and economists to support your claim;
- Insurance Negotiations: We handle all communications with insurance companies to protect your rights;
- Settlement Discussions: We negotiate aggressively for fair compensation while you focus on grieving and healing;
- Trial Preparation: If needed, we prepare for trial to ensure maximum recovery for your family;
- Ongoing Support: We provide guidance and support throughout the legal process and beyond.
Our experienced wrongful death attorneys understand this is one of the most difficult times in your life. We handle the legal complexities while treating you and your family with the dignity and respect you deserve.
Get the legal help your family needs. Call (713) 932-0777 to speak with a compassionate Houston wrongful death lawyer today.
Related Resources
- Houston Slip and Fall Accident Lawyer: Learn about premises liability claims when property owner negligence leads to fatal accidents.
- Houston Construction Accident Lawyer: Understand your rights after fatal construction accidents involving scaffolding, falls, and defective equipment.
- Industrial Accident Lawyer: Get help with wrongful death claims involving plant explosions, chemical releases, and refinery accidents.
- Houston Defective Vehicle Lawyer: Discover how vehicle defects can lead to fatal crashes and wrongful death claims against manufacturers.
- Statute of Limitations on Personal Injury Cases: Learn about important deadlines for filing wrongful death and survival claims in Texas.
- Tips for Dealing with Sedgwick Claims: Understand how third-party administrators handle wrongful death insurance claims.
- Houston Forklift Accident Lawyer: Get legal help when workplace forklift accidents result in wrongful death.
- Manufacturing Facility Accidents: Learn about fatal workplace accidents in Houston’s manufacturing and industrial facilities.
- Can I Sue My Employer for Workplace Injury in Texas?: Find out when families can pursue wrongful death claims against employers who don’t provide workers’ compensation.
Wrongful Death FAQ
How are wrongful death settlements calculated?
Wrongful death settlements are calculated based on multiple factors unique to each case. The amount of compensation depends on several factors, including the deceased’s earning capacity and the emotional impact on surviving family members. We consider your loved one’s age, health, earnings, life expectancy, and the specific losses suffered by each family member. Our attorneys work with economic experts to value both current and future losses.
Do siblings have standing in Texas?
No—only spouses, children, and parents can file wrongful death claims in Texas. In Texas, brothers and sisters of the deceased are without standing under the Act to bring suit for wrongful death. However, siblings may qualify as heirs to the estate for survival action purposes, depending on whether other closer relatives exist.
How are proceeds divided among beneficiaries?
Wrongful death proceeds are divided based on each family member’s individual losses and relationship to the decedent. Each wrongful death beneficiary’s claim is an individual claim, even if they are using the same lawyer or law firm. The individual claims must be negotiated and evaluated based on their own merits. If the settlement involves minor children, the court must approve the division of proceeds as it pertains to children under 18.
When is a survival claim appropriate?
A survival claim is appropriate when your loved one lived for any period after the initial injury. These claims recover damages for what the decedent experienced from injury until death, including pain, suffering, medical expenses, and lost wages. Survival claims are especially important in cases involving medical malpractice or situations where the person survived for days, weeks, or months after the incident.
What’s different if the death involved medical negligence?
Medical negligence wrongful death cases involve additional complexities, including detailed medical record analysis, expert medical testimony, and different standards of care. These cases often require both wrongful death and medical malpractice expertise. Medical malpractice cases may have additional requirements and notices beyond the standard wrongful death filing deadlines.
FAQ's
How are wrongful death settlements calculated?
Wrongful death settlements are calculated based on a variety of factors, including expenses incurred throughout and after the accident, lost wages, lost future earnings, and emotional pain and suffering. Each case is unique and must be valued individually.
How do you divide a wrongful death settlement?
When a wrongful death case is settled, the division of the proceeds will depend upon several factors. First and foremost, the laws of the state where the claim is brought determine who the wrongful death beneficiaries are. In Texas, those beneficiaries include the surviving parents of the deceased, the surviving spouse, and any surviving children. Texas does not allow siblings to bring a claim like some other states do.
Second, every wrongful death beneficiary’s claim is an individual claim, even if they are using the same lawyer or law firm. Thus, the individual claims must be negotiated and evaluated based on their own merits. Some people may require professional emotional support while others do not. Thus, these sorts of things must be considered.
Third, if the group of wrongful death beneficiaries includes minor children of the deceased, then the court must approve the division of the proceeds as it pertains to children under 18. Even though you may negotiate a deal, the court can reject it. A minor settlement hearing will be required to obtain the court’s approval.
If the wrongful death claim goes to trial, it’s up to the jury to award compensation amounts based on the perceived extent of losses for family members.
Do other relatives have any wrongful death rights?
Surprisingly, brothers, sisters, aunts, uncles, cousins, and former spouses of the deceased are not granted a cause of action by the Texas Wrongful Death Statute and they may not sue for the wrongful death of their loved one. (Siblings are granted a cause of action under some other State’s wrongful death statutes.) Under the English common law, there was no claim for the wrongful death of another. Thus, those people not specifically given rights under the statute have none. However, some of these persons may qualify as heirs to the deceased person’s estate for purposes of survival action. Determining the proper parties in wrongful death cases can be difficult–which is why it is important to consult with a skilled injury law firm that understands wrongful death law.
What is the Texas wrongful death discovery rule?
Under the discover rule, if the wrongful death beneficiaries did not have reason to know the cause of death was due to someone else’s negligence, the statute of limitations does not begin to run until the wrongful death beneficiaries “knew or, exercising reasonable diligence, should have known of the facts giving rise to the cause of action.” See Marcus & Millichap Real Estate Investment Services of Nevada, Inc., vs Triex Texas Holdings, LLC, and Bryan Weiner. (Texas Supreme Court 2023)