Houston wrongful death lawyer for grieving families

The surviving spouse, children, and parents of the person who died. Under the Texas Wrongful Death Act these family members may file together or individually. Siblings, grandparents, and other relatives are not eligible. If no eligible family member files within three months of the death, the executor or administrator of the estate may bring the claim unless the family asks them not to.

Two years from the date of death for most claims. Exceptions exist — for example, claims against a governmental entity require formal written notice within six months (and as little as 90 days for some cities), and certain circumstances can pause the deadline. Because evidence in fatal-crash and workplace cases is lost quickly, families should not wait for the deadline to approach.

Yes. A criminal case is brought by the State to punish the wrongdoer; a wrongful death claim is brought by the family to recover compensation. The two proceed independently. A family can pursue a civil claim whether or not charges are filed, and can succeed even if the criminal case does not, because the civil burden of proof is lower.

Wrongful death damages compensate the family for what they lost: the financial support, services, care, and guidance the deceased would have provided, along with mental anguish and loss of companionship. A separate survival claim, brought on behalf of the estate, recovers the deceased's own damages before death — medical bills, conscious pain and suffering, and funeral and burial expenses. Where the conduct was grossly negligent, exemplary damages may also be available.