Losing a loved one is one of the hardest experiences a person can go through. When that loss happens because someone else made a reckless or careless decision, the pain hits even harder. No one expects to get a phone call about a fatal car crash on I-45 or a deadly workplace accident near the Houston Ship Channel. These tragedies leave families struggling to figure out what comes next.
A wrongful death claim gives families a way to hold the responsible party accountable. It won’t bring back the person you lost, but it can help ease the burden left behind. The legal process may seem difficult, especially when you’re already grieving. That’s why working with a legal team you can trust makes a difference.
A Houston wrongful death accident lawyer at AMS Law Group can guide you through each step. We’ve helped many families in the Greater Houston area find answers and take action. You don’t have to handle this alone. Contact us today for a free consultation and find out how we can help.
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What Is a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code Section 71.002, a wrongful death claim arises when a person’s death is caused by another party’s “wrongful act, carelessness, or default.” This includes accidents caused by negligence, recklessness, or intentional misconduct. The claim must show that the person would have been able to file a personal injury lawsuit if they had survived.
Difference Between Wrongful Death and Survival Claims
A wrongful death claim is separate from a survival claim. A wrongful death case focuses on the surviving family members’ losses. A survival claim deals with the harm the deceased person suffered before passing away. This includes medical bills, pain, or lost income during that time. The estate files the survival claim, and any recovery becomes part of the estate.
Statute of Limitations for Filing Claims
In Texas, the general time limit for filing a wrongful death lawsuit is two years from the date of the person’s death. If you miss this deadline, the court will likely dismiss the case, and you’ll lose the right to hold the responsible party accountable. This time limit applies to most wrongful death claims, but not all.
If the death involved a government entity, such as a city bus accident or a fall at a government-owned property, the rules are different. Families must first give formal notice of the claim within six months of the death. Some local governments in Texas, including the City of Houston, have even shorter deadlines, sometimes as little as 90 days, to file a notice. This notice must go to the right government office and include specific details about what happened, who was involved, and what damages the family is seeking.
If this notice isn’t filed on time, the entire case may be dismissed before it ever gets to court. After the notice is submitted, the two-year limit to file the lawsuit in court still applies, but the early notice requirement comes first.
Common Types of Fatal Accidents in Houston
Houston’s large population, busy roads, and industrial areas contribute to a wide range of accidents that can lead to wrongful death cases. These accidents often result from someone not taking proper care or ignoring safety rules.
Car Accidents and Multi-Vehicle Collisions
Deadly car accidents happen across the city. From speeding crashes on the West Loop to rear-end wrecks along Westheimer Road, some drivers put others in danger. Multi-car pileups during storms or in heavy traffic can lead to fatal injuries.
Truck Accidents and Commercial Vehicle Crashes
Big trucks travel daily through Houston on roads like I-10 and Beltway 8. When drivers of 18-wheelers fail to check blind spots, follow hours-of-service rules, or maintain their brakes, the results can be deadly.
Motorcycle Accidents
Motorcycle riders have little protection during a crash. A fatal motorcycle accident on Allen Parkway or FM 1960 may involve a driver who failed to yield or was distracted. Even low-speed crashes can be deadly for motorcyclists.
Pedestrian Accidents
Many fatal pedestrian accidents happen in areas with high foot traffic like Montrose or downtown Houston. When drivers ignore crosswalks or speed in neighborhoods, pedestrians can suffer fatal injuries.
Drunk Driving Accidents
Driving under the influence continues to be a deadly problem in Harris County. DUI-related crashes on Washington Avenue or Main Street have taken too many lives. These deaths are entirely preventable.
Rideshare Accidents (Uber/Lyft)
Rideshare drivers often rush to pick up the next passenger. Accidents involving Uber or Lyft drivers near The Galleria or Midtown can lead to wrongful death claims, especially when passengers or others on the road are killed.
Slip and Fall Accidents
Property owners must keep their premises safe. A fatal fall in a poorly lit parking garage in the Heights or a slippery restaurant floor in River Oaks may result in liability if the owner failed to fix known hazards.
Dog Bite Incidents
Some fatal dog attacks happen because an owner didn’t control an aggressive animal. A deadly dog bite incident at a park in Third Ward may lead to legal action if the owner knew the dog was dangerous.
Brain Injuries Leading to Death
A traumatic brain injury may result from a construction accident, fall, or sports-related incident. When the injury leads to death, the cause must be examined to see if someone’s actions triggered the harm.
Who Can File a Wrongful Death Lawsuit in Texas?
Not every relative can file a wrongful death lawsuit. Texas law limits this right to specific people based on their relationship with the person who died.
Eligible Family Members Under Texas Law
Only the spouse, children, or parents of the deceased person may file a wrongful death claim. Adopted children can sue for the wrongful death of an adoptive parent, and adoptive parents may sue for the death of an adopted child.
Order of Priority for Filing Claims
Any one of the eligible family members can file the lawsuit individually, or they can join together. If they don’t file within three months, the personal representative of the estate can bring the case instead, unless all eligible relatives request otherwise.
Role of the Estate Representative
The estate’s personal representative may also file a survival claim on behalf of the estate. This role involves gathering records, dealing with courts, and making sure the estate follows the legal process.
What Damages Can Be Recovered in a Wrongful Death Case?
Wrongful death lawsuits seek to recover what the family lost due to the death. These losses may include money the person would have earned or the support they gave the household.
Economic Damages (Lost Income, Benefits, Services)
Families may recover the loss of the person’s earnings, lost household services, and other financial contributions. This could include retirement benefits or job-related health insurance.
Non-Economic Damages (Pain, Suffering, Loss of Companionship)
Non-economic damages focus on what can’t be measured with bills. These may include emotional harm, loss of guidance, and loss of companionship from the loved one.
Exemplary Damages in Cases of Gross Negligence
If the death happened due to gross negligence or a willful act, a court may award exemplary damages. These serve as punishment and send a message to deter similar behavior.
How Does the Wrongful Death Claims Process Work?
Each wrongful death claim begins with a detailed review of what happened. Gathering evidence, interviewing witnesses, and understanding the full impact on the family help build a strong case.
Initial Investigation and Evidence Gathering
The legal team may collect crash reports, medical records, photos, and witness statements. In some cases, experts help analyze how the incident happened and who is at fault.
Filing the Lawsuit and Legal Proceedings
Once enough evidence is gathered, the attorney files the lawsuit in court. The case proceeds through several stages including discovery, depositions, and pre-trial motions.
Negotiation and Settlement vs. Trial
Sometimes, the other side delays or refuses to take responsibility. In those cases, the firm prepares for trial. Many cases still resolve through settlement, but the attorney builds the case for court from the beginning in case it becomes necessary to go before a jury.
Why Do I Need a Houston Wrongful Death Lawyer?
Wrongful death lawsuits involve many moving parts. Proving the case takes legal skill, strong evidence, and persistence. The team at AMS Law Group helps Houston families take action and protect their interests.
Complex Legal Requirements and Procedures
Wrongful death claims involve rules about who can file, deadlines, and damages. Missing a step or filing late may harm the case. An attorney helps keep everything on track.
Proving Negligence and Liability
Building a strong case means showing that the other party acted wrongfully. Whether the case involves a drunk driver or a careless business owner, the lawyer works to prove fault and responsibility.
Calculating Fair Compensation
The attorney gathers evidence to show what the loss has meant financially and emotionally. This includes missed paychecks, loss of care, and the deeper loss of presence and love.
Dealing with Insurance Companies
Insurance adjusters often try to lower the value of a claim. They may deny responsibility or blame the person who died. The attorney fights back and deals with the insurer directly so the family doesn’t have to.
Court Representation and Advocacy
If the case goes to trial, the attorney presents the facts, examines witnesses, and argues the law. A good legal team helps ensure the family’s voice is heard.
How Much Does It Cost to Hire a Wrongful Death Attorney?
Many people worry about legal costs after a loved one’s death. AMS Law Group works on a contingency fee basis, so families don’t pay legal fees upfront.
Our attorneys only get paid if money is recovered through a settlement or jury verdict. The fee comes from the final recovery amount, not out of the family’s pocket.
What Should I Look for in a Houston Wrongful Death Lawyer?
Choosing the right lawyer can make a big difference. Families should feel supported and confident that their case is in capable hands.
Experience with Texas Wrongful Death Cases
Find a lawyer who has handled wrongful death cases in Texas. Local knowledge helps when dealing with courts and insurance companies.
Track Record of Successful Settlements and Verdicts
A history of strong outcomes shows that the lawyer knows how to build and resolve these cases. Ask about past cases and results.
Resources for Thorough Case Investigation
Strong cases require time and resources. A good law firm uses investigators, experts, and legal tools to uncover the truth.
Compassionate Client Service During Difficult Times
The personal injury lawyer should treat your family with respect and care. Communication and kindness matter when you’re dealing with such a deep loss.
Frequently Asked Questions About Wrongful Death Claims
Can I still file a claim if my loved one was partially at fault?
Yes. Texas uses a modified comparative fault system. As long as the deceased wasn’t more than 50% responsible, the family can still recover damages.
What if the person responsible has no insurance or assets?
Your lawyer can explore other paths to recovery, such as uninsured motorist coverage or third-party claims.
How is compensation divided among family members?
Texas courts divide damages based on the closeness of the relationship and the impact of the loss.
What evidence do I need to prove my wrongful death case?
This may include witness statements, accident reports, photos, expert opinions, and documentation of the family’s losses.
How long will it take to resolve my wrongful death case in Houston?
It depends on the details of the case. Some settle in a few months, while others take a year or more if they go to trial. Factors like the amount of evidence, how the other side responds, and whether fault is disputed can all affect the timeline.
Reach Out to Our Wrongful Death Attorneys in Houston for Help
After a wrongful death, the next steps can feel uncertain. Families should begin by gathering records, securing any available evidence, and writing down what they remember. Waiting too long can make things harder.
AMS Law Group helps families in Houston and the surrounding areas seek justice. We handle every part of the legal process so you don’t have to. Let us take the pressure off your shoulders.
Call us today at (888) 960-8363 for a free consultation. We’ll listen to your story, explain your options, and help you decide what to do next. You don’t have to handle this alone. Let a Houston wrongful death accident lawyer stand by your side.