Texas Wrongful Death Lawyers

Pursuing Accountability for Families Who Have Lost a Loved One

When a death is caused by someone else's negligence, the law gives the family the right to hold the responsible party accountable. 

Matthews & Associates represents those families across Texas from our principal office in Houston. As a national trial firm of more than 20 attorneys, we have recovered millions for the seriously and fatally injured, and we prepare every case to be tried.

How we help families in wrongful death cases:

• Investigate how the death occurred and identify every party at fault
• Work with the experts needed to prove liability and the full scope of the family's losses
• Deal with insurers and defense lawyers so your family does not have to
• Handle the case on contingency, with no fee unless we recover

No amount of compensation replaces a life, but accountability can secure your family's future. Call (888) 923-7001 or contact us online for a FREE consultation.

Who Can File a Wrongful Death Claim in Texas

The Texas Wrongful Death Act (Texas Civil Practice & Remedies Code §§ 71.001–71.011) limits who may bring a claim to the immediate family of the person who died:

• A surviving spouse
• Children of the person who died, including adult children
• Parents of the person who died

Any of these family members may file individually or together. If none of them files within three months of the death, the personal representative of the estate may do so, unless the family asks that no claim be brought. Siblings, extended relatives, and others outside this group cannot bring a wrongful death claim under Texas law.

Wrongful Death Claims and Survival Claims

Texas recognizes two separate claims after a fatal injury, and many cases involve both.

• Wrongful death claim. Brought by the surviving family for their own losses, including lost financial support, lost companionship, and the mental anguish of losing a loved one.
• Survival claim. Brought on behalf of the person's estate for the losses the person themselves suffered before death, such as medical expenses, funeral costs, and the pain and suffering they endured. A survival claim (Texas Civil Practice & Remedies Code § 71.021) belongs to the estate and passes to the heirs.

Pursued together, these claims capture both what the family lost and what the deceased endured, which matters to the full value of the case.

Common Causes of Wrongful Death

A wrongful death claim can arise whenever negligence or misconduct causes a fatal injury. The cases we handle commonly involve:

• Car, truck, and motorcycle collisions
• Workplace, industrial, and oilfield accidents
• Defective products and dangerous drugs
• Fires, explosions, and toxic exposure
• Medical negligence
• Unsafe premises and acts of violence

When a death results from any of these, the responsible party can be held liable for the family's losses.

Damages Families Can Recover

Compensation in a wrongful death case is meant to address both the financial and personal toll of the loss. A claim can include:

• Financial support: the income and benefits the deceased would have provided
• Household contributions: the value of services, care, and support the deceased provided to the family
• Loss of relationship: lost love, companionship, guidance, and, for a spouse, consortium
• Emotional harm: the family's mental anguish and grief
• Estate losses: medical bills, funeral and burial expenses, and the pain the deceased suffered before death

When the conduct that caused the death was grossly negligent, Texas law also allows exemplary (punitive) damages intended to punish the wrongdoer.

Time Limits for Filing

Texas generally requires a wrongful death lawsuit to be filed within two years of the date of death (Texas Civil Practice & Remedies Code § 16.003). 

Certain circumstances can extend or shorten that window, such as claims involving minors or cases where the cause of death was not immediately known. Because evidence and witness accounts fade quickly after a fatal incident, involving an attorney early protects both the claim and the proof behind it.

Frequently Asked Questions

Who Receives the Compensation in a Wrongful Death Case?

Compensation from the wrongful death claim goes to the surviving spouse, children, and parents, divided according to their losses. Recovery from a survival claim passes to the estate and then to the heirs.

What if More Than One Family Member Wants to File?

Eligible family members can join in a single claim. Texas law allows the spouse, children, and parents to file together, and one claim generally covers the family rather than requiring separate lawsuits.

Can We Still Recover if Our Loved One Was Partly at Fault?

Often, yes. Under Texas's modified comparative negligence rule, a claim is reduced by the deceased's share of fault and barred only if that share exceeds 50%.

How Long Do We Have to File?

Generally two years from the date of death, though exceptions apply. Speaking with an attorney promptly is the best way to confirm the deadline for your specific situation.

What Does It Cost to Hire Your Firm?

Nothing upfront. We handle wrongful death claims on a contingency basis, so we are paid only if we recover for your family, and consultations are free.

Call For a FREE Consultation: (888) 923-7001

A wrongful death claim will not undo your loss, but it can hold the responsible party accountable and provide for the family left behind, and Texas law limits the time you have to act. Our attorneys handle these cases with the seriousness they deserve, in English and Spanish.

Call (888) 923-7001 or contact us online for a FREE and confidential consultation.