In Texas, a spouse, child, or parent can bring a wrongful death claim after a fatal crash, and the estate can bring a separate survival claim. Owsley Law Firm handles both together, with no fee unless it recovers. When your family is ready, call for a private conversation.
Understanding the claim
What does a Texas wrongful death lawyer do for you?
No lawsuit can replace a family member. A wrongful-death claim can, however, require responsible parties to answer for the harm and address the financial consequences left behind.
Texas law distinguishes wrongful-death claims from survival claims. The proper claimants, estate issues, evidence, and deadlines should be evaluated carefully.
Building the record
What evidence proves a wrongful death claim?
The relevant evidence depends on the crash. The firm evaluates every available source and moves to preserve it before it is repaired, overwritten, or discarded.
- Incident and liability evidence
- Medical and final-expense records
- Employment and financial records
- Family relationship evidence
- Estate and probate documentation
Texas law
Which Texas laws decide a wrongful death case?
Who can bring a Texas wrongful death claim
Under Chapter 71 of the Texas Civil Practice and Remedies Code, the surviving spouse, children, and parents of the person who died may bring a wrongful death claim. Siblings cannot. If none of the eligible family members files within three months of the death, the executor or administrator of the estate may file on their behalf unless the family asks them not to.
Wrongful death versus survival claims
A wrongful death claim compensates the family for their own losses: lost financial support, lost care and companionship, and mental anguish. A survival claim (section 71.021) belongs to the estate and covers what the person could have recovered had they lived, including their conscious pain and suffering, medical bills, and funeral expenses. Both are usually brought together.
Deadlines and evidence
The two-year limitation period generally runs from the date of death rather than the date of the crash (section 16.003(b)). Fatal crash investigations by the Houston Police Department or the Department of Public Safety take weeks; the firm obtains the full report, reconstruction, and any criminal case file, and preserves vehicle data before the vehicles are released.
Punitive damages
When a death results from gross negligence, such as a drunk driver or a carrier that knowingly ran an unsafe truck, Texas allows exemplary damages under Chapter 41, subject to statutory caps. These cases are pursued with the seriousness they deserve.
What to do now
What should you do after a fatal crash?
- Ask the funeral home and hospital for complete records; the estate will need them.
- Do not sign anything from an insurer, including medical authorizations, before speaking with counsel.
- Identify who may be an heir under Chapter 71 so the right people bring the claim.
- Preserve the vehicle and personal effects; do not release the car to salvage.
- Gather employment and income records that show what your family relied on.
- Call the firm when you are ready. There is no fee unless we recover.
In Houston: Fatal crash cases in Harris County are heard in the civil district courts downtown. Where a criminal case is pending against the at-fault driver, the firm coordinates with the Harris County District Attorney’s office to obtain evidence without delaying the family’s claim.
Types of cases
What kinds of wrongful death cases do we handle?
Serious consequences
What injuries can you recover for?
A claim should address the injury’s immediate and long-term effects. Medical evidence, work limitations, future care, and changes to daily living may all be relevant.
Injury guides
How your injury shapes a wrongful death claim.
Answered in depth
Questions people ask about wrongful death.
Common questions
Frequently asked questions
Who may bring a Texas wrongful-death claim?
Texas law identifies eligible family members. The correct parties depend on the family circumstances.
What is a survival claim?
A survival claim generally concerns claims the person could have brought had they lived. It is distinct from the family’s wrongful-death claim.
Can funeral expenses be considered?
Recoverable damages depend on the claim and evidence and may include certain financial losses and expenses.
How soon should the family seek advice?
Prompt advice helps preserve evidence and identify the people authorized to act.