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Secured for a wrongful death case involving a single fatality.
Wrongful Death from a Trucking Accident
Won for a family in a commercial motor vehicle (CMV) wrongful death case.
Won a settlement for a family whose loved ones were killed when the distracted driver of a large delivery truck ran a red light.
1B+ Recovered | 900+ Jury Trials | 30+ Years of Experience | 99% Success Rate
Losing someone to another party’s negligence leaves families with grief, unanswered questions, and urgent decisions that cannot wait. When a death results from a truck accident, a workplace explosion, a defective product, or any other preventable event caused by someone else’s wrongful conduct, Texas law gives surviving family members the right to hold that party accountable.
Kherkher Garcia LLP has represented Houston families in all manner of wrongful death cases. Our attorneys have decades of courtroom experience and have achieved some of the largest verdicts and settlements in Texas history. When families need a wrongful death lawyer in Houston, we bring the resources, preparation, and litigation depth that complex fatal injury cases demand.
A wrongful death claim is a civil lawsuit filed by surviving family members against the party whose negligent, reckless, or wrongful conduct caused the death of their loved one. It is separate from any criminal prosecution and exists to hold the responsible party financially accountable for the losses that death has caused.
Under Texas Civil Practice and Remedies Code § 71.002, a party is liable when a death-causing injury results from their wrongful act, neglect, carelessness, unskillfulness, or default. To pursue a claim, three conditions must be met:
Texas law recognizes two distinct legal actions that may arise from a fatal injury: a wrongful death claim and a survival claim. Families pursuing justice after a fatal accident often have the right to pursue both.
Wrongful death claims compensate the surviving family, including the spouse, children, or parents, for their losses. These include loss of financial support, loss of companionship, and the emotional suffering caused by the death.
Survival claims are brought on behalf of the deceased’s estate and seek to recover damages the deceased could have pursued had they survived. This may include pre-death pain and suffering, medical expenses after the injury, and lost earnings from the time of injury to death.
The key distinction is who benefits and what losses are measured:
| Wrongful Death Claim | Survival Claim | |
|---|---|---|
| Who benefits | Surviving family members | The deceased’s estate |
| Damages | Family’s losses (support, companionship) | Deceased’s pre-death losses |
| Who files | Spouse, children, or parents | Estate representative |
At Kherkher Garcia LLP, cases involving fatal injuries are carefully evaluated from the outset to be sure that families have all the facts and options.
Texas law is specific about who has legal standing to bring a wrongful death claim. Under Texas Civil Practice and Remedies Code § 71.004, a wrongful death action may be brought by:
One or more of these qualifying family members may file on behalf of the entire family. If no one files a claim within three calendar months of the death, the executor or administrator of the estate is required to bring the action unless all eligible family members instruct otherwise. Extended family members, including siblings and grandparents, do not have independent standing under Texas law. Consulting a wrongful death lawyer in Houston early is important, as eligible parties must act within the statutory timeframe to protect the family’s rights.
Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
Fatal accidents in Houston occur across a wide range of industries and circumstances, and many involve preventable conduct by another party. Understanding the most common causes helps surviving families recognize when a wrongful death claim may apply.
Traffic fatalities remain among the leading causes of wrongful death claims in Texas. According to the Texas Department of Transportation, Texas recorded 4,150 traffic deaths in 2024. When a fatality results from a distracted driver, an impaired driver, or a commercial vehicle operator who violated federal safety rules, surviving family members may have a viable claim.
Motorcycle fatalities disproportionately involve negligent conduct by other drivers, including unsafe lane changes, failure to yield, and distracted driving. When another motorist’s negligence causes a fatal motorcycle crash, the rider’s family has the right to pursue justice and compensation.
Construction sites carry some of the highest fatal injury rates of any industry. When an employer, contractor, or site owner fails to maintain safe conditions, those failures can form the basis of a wrongful death claim on behalf of the worker’s family.
Texas has a high rate of incidents involving manufacturing, warehousing, and chemical processing. When an employer’s negligence, including inadequate training or disregard for safety standards, causes a worker’s death, surviving family members may pursue a claim outside the workers’ compensation system.
Houston’s energy industry exposes workers to the risks of pressure-line failures, blowouts, explosions, and equipment malfunctions, with fatal consequences. These incidents often involve multiple responsible parties, and fatal oilfield and offshore accidents require thorough investigation to identify all liable parties.
When a product fails due to a design defect, a manufacturing error, or inadequate warnings, the resulting death may support a claim against the manufacturer or seller. Under Texas Civil Practice and Remedies Code § 82.001, a products liability action covers claims for death caused by a defective product using the theories of strict liability, negligence, or breach of warranty.
When a healthcare provider’s failure to meet the applicable standard of care results in a patient’s death, surviving family members may pursue a wrongful death claim under the Texas Medical Liability Act (Chapter 74), which governs healthcare liability claims in Texas. Notably, § 74.151 confirms that even emergency care providers lose immunity when their conduct is willful or wanton, meaning gross negligence in an emergency setting can still give rise to liability.
The damages available in a Texas wrongful death case are designed to reflect the full economic and personal impact of the loss. Texas law provides a well-defined framework for recovery, including economic and non-economic damages.
Economic damages compensate for measurable financial losses. Under Texas Civil Practice and Remedies Code § 41.001, economic damages address actual economic or pecuniary loss and may include:
Non-economic damages address personal and emotional losses that do not carry a fixed dollar value but represent genuine harm to the surviving family. These may include:
Texas does not cap non-economic damages in wrongful death cases outside of healthcare liability claims, meaning the full scope of the family’s loss can be argued before a judge and jury.
No Fees Unless We Win
A wrongful death claim requires proof of four legal elements, each supported by evidence gathered through thorough investigation: duty of care, breach of duty, causation, and damages.
The responsible party must have owed the deceased a duty of care. Drivers owe a duty to operate vehicles safely. Employers owe a duty to maintain a reasonably safe workplace. Manufacturers owe a duty to produce products free from unreasonable defects. The nature of the duty depends on the relationship between the parties and the circumstances of the incident.
The responsible party must have failed to meet that duty. A truck driver who violated federal hours-of-service rules, an employer who ignored a known equipment hazard, or a surgeon who departed from accepted standards of care has breached the applicable duty. Breach is established through records, specialist testimony, inspection reports, and witness accounts.
The breach must have directly caused the death, and the surviving family must have suffered compensable losses as a result. Texas applies a but-for causation standard in most negligence cases, meaning the death would not have occurred “but for” the defendant’s breach. Damages must be supported by documentation, financial records, and professional analysis of long-term losses.
Texas imposes a strict two-year statute of limitations on wrongful death claims. Under Texas Civil Practice and Remedies Code § 16.003, a wrongful death suit must be filed no later than two years from the date of the deceased’s death. Missing this deadline typically results in the permanent loss of the right to pursue compensation, regardless of how strong the underlying claim may be.
Limited exceptions exist in narrow circumstances, including claims involving minors or cases where the responsible party concealed their conduct. These exceptions require careful legal analysis and should not be assumed. Contacting a wrongful death lawyer in Houston as early as possible preserves evidence, protects the family’s legal rights, and ensures the claim is filed within the applicable statute of limitations.
No Fees Unless We Win
Wrongful death cases are among the most legally complex personal injury matters in Texas. Families frequently encounter the following issues – all of which are best addressed through early legal engagement:
Kherkher Garcia LLP has spent more than 30 years fighting for Texas families who have lost loved ones due to negligence. Our firm’s trial attorneys bring an extensive litigation record, with the preparation and courtroom experience that complex wrongful death cases require. When the facts demand going to trial, our firm goes prepared to win.
Past results do not guarantee future outcomes, yet our firm’s record consistently reflects what serious preparation and determined advocacy can achieve:
In March 2015, this client’s mother was struck by a vehicle while walking, leaving the family devastated and facing a complex wrongful death trial against a corporation. Watch his story below.
Secured for a wrongful death case involving a single fatality.
Wrongful Death from a Trucking Accident
Won for a family in a commercial motor vehicle (CMV) wrongful death case.
Won a settlement for a family whose loved ones were killed when the distracted driver of a large delivery truck ran a red light.
At Kherkher Garcia LLP, the investigation begins as soon as the firm is engaged. Our process includes:
The goal is a complete, well-documented case that supports both negotiation and trial.
Lyft Rideshare Driver Murder (2026): A Houston Lyft driver was lured and fatally shot by a rider using a fake ID. The firm filed suit against Lyft, alleging the platform knew gig workers were being targeted. Coverage: Houston Chronicle, Law & Crime, Law360
H-E-B Wrongful Death Lawsuit (2026): Four women were killed when an18-wheeler struck their vehicle in the Texas Panhandle. Coverage: Houston Chronicle, Law & Crime, KSAT 12 ABC
Royal Caribbean (2025): A passenger was allegedly served at least 33 drinks aboard a cruise ship before his death. Coverage: ABC News / GMA, USA Today, Fox News
Drunk Driver / Porsche Houston (2023): A suspected drunk driver traveling at 100 mph killed a young man on his first date. Coverage: Fox News, Law & Crime, Houston Chronicle
To see more, visit the firm’s News & Media section.
Kherkher Garcia LLP handles wrongful death cases on a contingency fee basis, meaning the family pays no attorney’s fees unless the firm recovers compensation. There are no upfront costs and no hourly charges. The fee is calculated as a percentage of the recovery, agreed upon before representation begins. This arrangement ensures that every family has access to experienced legal representation.
The days following a fatal accident are urgent. Evidence disappears, insurers begin building their defense, and the statute of limitations begins to run. Kherkher Garcia LLP knows how to move quickly, preserve what matters, and hold every responsible party accountable. Call us at 713-333-1030 today for a free consultation with a wrongful death lawyer in Houston. The consultation is free, confidential, and the first step toward justice for your family.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
After a wrongful death, the grief and financial uncertainty that follow can feel impossible to navigate. Medical bills, funeral costs, and the sudden loss of income can overwhelm families at their most vulnerable moment. At Kherkher Garcia LLP, we understand how devastating these losses can be for the loved ones left behind. With decades of experience fighting for those harmed by negligence, our team of personal injury lawyers is prepared to pursue the full compensation your family may be entitled to for your loss, suffering, and future. When you need a wrongful death lawyer near you in Houston you can trust, we are ready to stand by your side and fight for justice.
Visit us at 2925 Richmond Ave., Suite 1560, Houston, Texas 77098, or call 713-333-1030 for a free consultation today.
Client Reviews
From beginning to end, Kherker law firm took care of me with open arms. They did everything in their power to ensure victory in my case. I couldn’t thank them enough, I will continue to refer friends as family to them.
True professionals. They will fearlessly fight for you. I appreciate everything they have done for our family.
Steve Kherkher was a pleasure to work with. He took care of every little detail of our case from start to finish. His staff were wonderful also. This law firm goes above and beyond to help their clients. I would 100% recommend them to anyone I know. Thank you Steve for caring about our family and making sure our grandson was taken care of after his dad’s wrongful death. I cannot say thank you enough!
Kherkher Garcia have assembled the dream team of trial lawyers. Matt Martin and Kevin Haynes are zealous, highly effective advocates for their clients. These guys – and everyone at this firm – eat, sleep, and breathe their work for their clients, and their results show it. In addition to their incomparable knowledge and skills, this firm truly treats their clients like family. If you or someone you know has been injured, the only firm to consider is Kherkher Garcia.
The best team of lawyers, I highly recommend them. They care about families, and I am so grateful for their help in defending my son’s case and for assisting throughout the entire process and answering all my questions. They are the best, and Ms. Jessy is the best! May God bless her always.
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The value depends on the specific facts, the losses the family has suffered, and the strength of the evidence. An attorney can evaluate the circumstances and provide a realistic assessment of potential recovery.
Partial fault does not automatically bar a wrongful death claim in Texas. Under Texas Civil Practice and Remedies Code § 33.001, a claimant may still recover damages as long as the deceased’s percentage of responsibility does not exceed 50 percent. The recovery is reduced by the deceased’s share of fault.
Yes. In many fatal accident cases, more than one party may share legal responsibility. A fatal trucking accident may involve the driver, the trucking company, the cargo loader, and the manufacturer if a mechanical failure contributed.
No. Many wrongful death cases are resolved through negotiated settlements before trial. However, the willingness and capability to try a case significantly affects settlement outcomes. Defendants are more likely to offer fair compensation when opposing counsel has genuine trial experience.
The timeline depends on the complexity of the case, the number of defendants, and whether the matter resolves through settlement or proceeds to trial. Straightforward cases may resolve within one to two years. Complex cases involving multiple defendants or contested liability can take three years or longer.
Yes. Texas law allows both claims arising from the same fatal incident. The wrongful death claim compensates surviving family members for their own losses. The survival claim, brought on behalf of the estate, recovers damages the deceased could have pursued had they survived, including pre-death pain and suffering and lost earnings. Filing both claims ensures the family pursues the full range of available compensation.
No. Texas law limits eligibility to the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and other extended family members do not have independent standing.
Texas does not cap wrongful death damages in most personal injury cases. Economic damages and non-economic damages can be pursued without a statutory ceiling in standard wrongful death claims. One exception applies in health care liability claims, where Texas law limits non-economic damages.
A wrongful death civil lawsuit is independent from any criminal prosecution. The two systems operate separately under different laws and standards of proof. A civil wrongful death claim requires proof by a preponderance of the evidence, a lower bar than the beyond-a-reasonable-doubt standard in criminal cases. Even if criminal charges are not filed or the defendant is acquitted, a civil claim may still succeed. Families do not need to wait for a criminal outcome before pursuing civil legal action.
Yes, in many circumstances. When an employee is killed due to workplace negligence, surviving family members may have a claim against the employer, particularly when the employer is a nonsubscriber to Texas workers’ compensation or when the death involves gross negligence. Third parties, including contractors, equipment manufacturers, or property owners, may also be liable regardless of the workers’ compensation framework.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
