Lobo Ley | Texas Wrongful Death Attorneys
Losing someone you love because of another person's negligence is one of the most devastating things a family can experience. The grief is immediate. The financial consequences follow quickly. Medical bills, funeral expenses, lost income, and the weight of an empty chair at the table can all land at once, leaving families overwhelmed and unsure of where to turn.
If your family has suffered a wrongful death in Houston or anywhere else in Texas, you have legal rights, and those rights include the ability to seek financial compensation for what you have lost. Texas law provides families with several categories of damages designed to address both the financial and emotional toll of a preventable death caused by negligence.
The attorneys at Lobo Ley have spent 15 years helping families across Texas navigate wrongful death claims with compassion, clarity, and a clear strategy. If your family is facing this situation, call us today at 713-481-0072 or fill out our online contact form for a free, confidential consultation. We are available 24 hours a day, seven days a week, and we are ready to meet you at home, at the hospital, or wherever is most convenient.
Houston Wrongful Death Claims: Who Has the Legal Right to File?
Under the Texas Wrongful Death Act, found in Chapter 71 of the Texas Civil Practice and Remedies Code, only certain family members have the legal standing to bring a wrongful death claim. This is an important starting point, because not every relative of the deceased qualifies to file, and understanding who qualifies directly affects what damages a family can recover.
Texas law limits wrongful death claims to three categories of beneficiaries:
- Surviving spouse: A husband or wife who was legally married to the deceased at the time of death
- Children: Biological and legally adopted children of the deceased, regardless of age
- Parents: Biological and legally adoptive parents of the deceased
If none of these qualifying family members file within three months of the death, the personal representative of the deceased's estate may file on their behalf. It is important to act within the two-year statute of limitations that applies to all wrongful death claims in Texas. Each qualifying beneficiary may bring their own claim, or a single lawsuit may be filed on behalf of all qualifying family members together.
Houston Wrongful Death Damages: What Economic Losses Can a Family Recover?
Economic damages in a Texas wrongful death case are designed to compensate the family for the financial losses that flow directly from the death. These are losses that can be calculated and documented, and they often form the foundation of a wrongful death claim.
Economic damages in a wrongful death case in Houston and throughout Texas may include:
- Lost earnings and future income: Compensation for the wages, salary, benefits, and earning potential the deceased would have provided to the family had they lived
- Medical expenses: The cost of any medical treatment the deceased received for their injuries before they died
- Funeral and burial costs: Reasonable expenses associated with laying the deceased to rest
- Loss of household services: The value of contributions the deceased made to the home, including childcare, maintenance, and other services the family now must obtain elsewhere
- Loss of inheritance: In some cases, families may recover damages for the future estate value the deceased would have accumulated had they lived
The amount of economic damages depends heavily on factors such as the deceased's age, occupation, salary, earning history, expected career trajectory, and the number of dependents they supported.
Non-Economic Damages in Texas Wrongful Death Cases: What Does the Law Allow?
In addition to economic losses, Texas law allows qualifying family members to seek non-economic damages in wrongful death cases. These damages address the deeply personal losses that do not come with a price tag but are nonetheless real and significant.
Non-economic damages that may be available in a Houston wrongful death claim include:
- Mental anguish: The grief, emotional suffering, and psychological impact of losing a loved one to a preventable death
- Loss of companionship and society: The loss of the love, comfort, guidance, and companionship the deceased provided to their spouse, children, or parents
- Loss of consortium: The loss of the marital relationship, including the emotional and relational support a spouse provides
- Loss of parental guidance: For children who lost a parent, this covers the loss of the nurturing, advice, and direction the parent would have provided over a lifetime
Non-economic damages are often the most significant part of a wrongful death award, particularly in cases involving younger victims or deeply dependent family members. These damages are evaluated on a case-by-case basis and require strong legal representation to present effectively to an insurance company or jury.
Survival Claims vs. Wrongful Death Claims in Texas: Understanding the Difference
A survival claim is different from a wrongful death claim, though both may arise from the same incident. Understanding the distinction matters because both may apply to your family's situation and can significantly increase the total compensation available.
A wrongful death claim is filed by the surviving family members for their own losses. A survival claim, by contrast, is filed on behalf of the deceased person's estate and seeks compensation for what the deceased themselves experienced before they died, including:
- Pain and suffering: What the deceased endured after the injury but before death
- Medical expenses: Costs incurred before death as a result of the injury
- Lost wages: Income lost between the time of injury and the time of death
Survival claims are brought by the executor or administrator of the deceased's estate. In many wrongful death cases, both a wrongful death claim and a survival claim are filed simultaneously. A knowledgeable wrongful death attorney in Houston can evaluate whether both types of claims apply to your family's situation.
Texas Wrongful Death Law: The Two-Year Deadline Families Must Know
Under Texas law, wrongful death claims are subject to a two-year statute of limitations. This means a lawsuit must be filed within two years of the date of the death. Missing this deadline will generally bar your family from recovering any compensation, regardless of how strong your case is.
Two years can feel like a long time when your family is in the middle of grief, but in legal terms it passes quickly. Evidence must be preserved, witnesses must be located, and the facts of the case must be thoroughly investigated. Waiting too long can jeopardize your ability to build a strong claim.
There are limited circumstances under which the two-year deadline may be extended, but these exceptions are narrow and cannot be relied upon. The safest approach is to contact a wrongful death attorney in Houston as soon as possible after the death occurs.
Wrongful Death Accidents in Houston and Across Texas: Where Families Are Left Without Answers
Wrongful death claims in Texas arise from a wide range of accidents and incidents. In the Houston area, many wrongful death cases stem from serious car accidents on the Southwest Freeway, commercial truck crashes along the Sam Houston Tollway or I-10, workplace accidents on construction sites throughout Harris County, and medical errors at hospitals and healthcare facilities across the greater Houston metro.
Across Texas, families in San Antonio, Dallas Fort Worth, El Paso, Corpus Christi, and Laredo have faced similar losses and similar legal battles. Regardless of where the death occurred, the law provides the same rights and protections to qualifying family members throughout the state.
At Lobo Ley, we serve families across Texas, including those in Arlington, Austin, Plano, Irving, and Frisco, who have lost loved ones due to someone else's negligence. We understand that this is one of the most painful experiences a family can go through, and we are committed to fighting for the full compensation they deserve.
After a Wrongful Death in Houston: What Your Family Should Do Next
If your family has lost someone due to another person's negligence, these steps can help protect your legal rights:
- Do not accept a settlement offer without legal guidance: Insurance companies often move quickly after a wrongful death to offer a settlement that falls far short of what a family deserves. Do not sign anything without speaking to an attorney first.
- Preserve all evidence: Keep any documents related to the incident, including police reports, medical records, photographs, and correspondence with insurance companies.
- Document your losses: Keep a record of funeral expenses, lost income, and any other financial impact the death has had on your family.
- Write down what happened: While memories are still fresh, document everything your family knows about the circumstances surrounding the death.
- Contact a wrongful death attorney in Houston: An attorney can investigate the incident, identify all liable parties, calculate the full value of your damages, and guide your family through every step of the legal process.
Your family deserves answers, accountability, and the financial support to move forward.
Frequently Asked Questions: Wrongful Death Claims in Houston, Texas
What is the statute of limitations for a wrongful death claim in Texas?
In Texas, a wrongful death claim must be filed within two years of the date of death. Missing this deadline will generally prevent your family from recovering compensation. Contact a wrongful death attorney in Houston as soon as possible to protect your rights.
Who can file a wrongful death claim in Texas?
Texas law limits wrongful death claims to the surviving spouse, children, and parents of the deceased. If none of these family members file within three months of the death, the personal representative of the estate may file on their behalf.
How much is a wrongful death settlement worth in Texas?
There is no fixed amount for a wrongful death settlement in Texas. The value depends on the deceased's age and earning capacity, the financial dependence of surviving family members, the severity of non-economic losses such as mental anguish and loss of companionship, and the strength of the evidence establishing negligence.
Can a family recover damages if the deceased was partially at fault?
Texas follows a system of proportionate responsibility. If the deceased was found to be partially at fault, the family's recovery may be reduced proportionally. However, your family may still recover compensation as long as the deceased was not found to be more than 50 percent responsible for the incident.
What is the difference between a wrongful death claim and a survival claim in Texas?
A wrongful death claim is filed by surviving family members for their own losses. A survival claim is filed on behalf of the deceased's estate and covers the losses the deceased experienced between the time of injury and death, including pain and suffering and medical expenses. Both types of claims may apply in the same case.
Your Family's Future: Standing With You After a Wrongful Death in Houston
The loss of a loved one due to negligence is something no family should have to face alone. The legal process that follows can feel overwhelming, especially while you are still grieving. At Lobo Ley, we are here to carry that burden with you.
Our team has spent 15 years helping families throughout Texas hold negligent parties accountable and recover the compensation they deserve after a wrongful death. We handle every case with care, urgency, and deep respect for the family behind every claim. Our team speaks fluent Spanish, and we are ready to meet you at home, at the hospital, or wherever is most convenient. You pay nothing unless we win.
If your family has lost a loved one in Houston or anywhere in Texas due to someone else's negligence, call us now at 713-481-0072 or reach out through our online contact form to schedule your free, confidential consultation. We are available 24 hours a day, seven days a week, because families in crisis cannot wait.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.