Call Us Today
Call Us Today
Steve Kherkher - April 2, 2026
Losing a loved one unexpectedly is one of the most devastating experiences a family can face. When that loss happens because of someone else’s negligence, recklessness, or unsafe conduct, the emotional burden is often compounded by financial stress, unanswered questions, and a need for accountability. Houston wrongful death attorneys help families understand their legal rights and pursue justice after a preventable death.
While no lawsuit can replace a loved one, a wrongful death claim can help families secure financial stability, hold negligent parties accountable, and potentially prevent similar tragedies from happening to others.
In the guide below, Kherkher Garcia’s attorneys explain wrongful death lawsuits in Texas, who can file a claim, what compensation may be available, and how Houston wrongful death attorneys help families through this difficult process.
Under Texas law, wrongful death occurs when a person dies due to another party’s wrongful act, negligence, carelessness, unskillfulness, or default. In simple terms, if the person who died would have been able to file a personal injury lawsuit had they survived, then their surviving family members may be able to file a wrongful death lawsuit.
Wrongful death lawsuits are civil cases, not criminal cases. Even if no criminal charges are filed, a wrongful death lawsuit may still be possible. These cases often arise from accidents and incidents such as:
Houston wrongful death attorneys often investigate these incidents to determine whether negligence or safety failures contributed to the death. This is important in determining liability.
Texas law limits who may file a wrongful death claim. Typically, the following individuals may file:
These individuals may file the lawsuit individually or together. If none of these individuals file a claim within a certain period, the executor or administrator of the estate may file a claim on behalf of the estate.
Extended family members such as siblings, cousins, or grandparents are generally not eligible to file wrongful death claims in Texas.
Because wrongful death and survival claims can be complex, families often find it beneficial to consult with a Houston wrongful death attorney. An attorney helps families determine who should file and how the claim should proceed.
Many families are surprised to learn that there are actually two different types of claims that may arise after a fatal accident – wrongful death and survival actions.
A wrongful death claim compensates surviving family members for their losses resulting from the death. This includes losses such as:
A survival claim is brought on behalf of the deceased person’s estate. It seeks compensation for damages the deceased suffered before death, such as:
Houston wrongful death attorneys may pursue both wrongful death and survival claims in the same case when appropriate.
Houston is one of the largest industrial and transportation hubs in the United States, which unfortunately means wrongful death incidents occur in many different environments. Some of the most common causes include:
Car accidents, truck accidents, motorcycle accidents, and pedestrian accidents are among the leading causes of wrongful death in Texas. Distracted driving, speeding, drunk driving, and fatigue are common contributing factors.
Houston has a large number of refineries, chemical plants, construction sites, and industrial facilities. Fatal accidents often involve:
Oilfield and offshore work are among the most dangerous occupations in Texas. Blowouts, oil rig explosions, equipment failures, and transportation accidents can lead to fatal injuries.
Wrongful death cases may also arise when defective products cause fatal injuries. Some defective products that may be relevant include:
Medical malpractice or hospital negligence may lead to wrongful death in cases involving misdiagnosis, surgical errors, medication errors, or delayed treatment.
In a Texas wrongful death case, damages are generally divided into economic damages, non-economic damages, and sometimes punitive damages. Economic and non-economic are the most common types.
These damages compensate families for financial losses, including:
These damages compensate for emotional and personal losses, including:
In cases involving gross negligence or particularly dangerous conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Houston wrongful death attorneys often work with economists, life-care planners, and financial experts to calculate the full value of a wrongful death claim. At Kherkher Garcia, we advocate for maximum compensation and justice.
Wrongful death cases often require extensive investigation. Attorneys may:
Many wrongful death cases involve multiple companies, contractors, insurers, and corporate defendants. Early investigation is often critical.
Texas generally has a two-year statute of limitations for wrongful death claims. This means a lawsuit must typically be filed within two years of the date of death.
However, certain exceptions may apply. Additionally, evidence can disappear quickly after an accident. For this reason, families often contact Houston wrongful death attorneys as soon as possible after a fatal accident.
Families may want to speak with an attorney if any of the following apply:
Early legal guidance can help protect evidence and ensure families understand their rights.
Every case is different. The value depends on factors such as the person’s age, income, family relationships, and the circumstances of the death.
No. Many cases settle before trial. Some cases do go to court if a fair settlement cannot be reached. At Kherkher Garcia, our attorneys prepare for both possibilities.
Yes. Many wrongful death cases involve multiple responsible parties, especially in industrial accidents.
Texas follows a comparative fault system. Families may still recover damages if the victim was less than 51% responsible.
Every case is different. Some cases resolve in months, while complex cases may take several years.
No legal case can undo the loss of a loved one. However, wrongful death lawsuits can help families find answers, secure financial stability, and hold negligent parties accountable. At Kherkher Garcia, our Houston wrongful death attorneys help families navigate complex legal processes during one of the most difficult times in their lives.
We understand that no legal case can replace your loved one, but we can help you seek answers, accountability, and financial stability for your family. Our attorneys have recovered millions of dollars on behalf of families.
Contact our Houston wrongful death attorneys for a free consultation. Call us at 713-333-1030, or submit our online contact form.
Image by Freepik
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.
Message Us 
Call Us