Texas highway at dusk representing wrongful death cases handled across the state

Texas Wrongful Death Lawyers

Reviewed by Josh Alexander, Founder & Managing Attorney | Updated

If someone you love died because of another person’s actions, your family may have the right to answers, accountability, and compensation. You do not have to figure this out alone, and you do not need to make decisions today.

Free, confidential consultation. No attorney’s fee unless we recover compensation for you.

Rated 4.9 from 568+ Google reviews

ImportantTexas wrongful death deadlines can pass quickly. Some claims must be acted on within months, not years.

  • $100M+

    Recovered across resolved client matters

  • 75+

    Years of combined legal experience

  • 568+

    Google reviews

  • 5

    Years named to Super Lawyers Rising Stars

Past results do not guarantee a similar outcome. Attorney recognitions and ratings do not guarantee future results.

How We Determine Which Claims May Be Available

Texas law recognizes two different claims after a preventable death. A wrongful death claim compensates the family for their own losses. A survival claim continues the legal rights the person held before they died. Which claims exist, and who controls them, depends on the facts. We determine that at the start, because the answer shapes everything that follows.

The wrongful death claim

A wrongful death claim belongs to the surviving spouse, children, and parents of the person who died. It seeks compensation for the losses those family members experience because of the death.

1 The family’s claim
Belongs to the familyTheir losses after the death

The survival claim

A survival claim belongs to the estate. It seeks damages the person could have claimed if they had survived, including certain medical expenses, pain, and other losses between the injury and death.

2 The estate’s claim
Belongs to the estateLosses before death

One claim, both claims, or neither

Your family may have a wrongful death claim, a survival claim, both claims, or neither.

When both a wrongful death claim and a survival claim may apply, we evaluate them together. This helps us understand how each claim affects the family, the estate, available insurance, and settlement decisions.

How We Help Families Decide Whether an Estate Is Needed

You may not need to open an estate to bring a wrongful death claim. A survival claim is different because it belongs to the estate. Whether probate or an estate representative is needed depends on the available claims, the family’s circumstances, and how the case must be handled.

We explain the options before asking your family to begin a probate process you may not need. If an estate is necessary, we help coordinate the legal work with the probate process.

How We Identify Who Can Bring a Wrongful Death Claim

Texas limits who can bring a wrongful death claim. We identify who holds that right and make sure the claim is handled correctly from the beginning.

In Texas, a surviving spouse, child, or parent may bring a wrongful death claim. Siblings, grandparents, and other relatives generally cannot bring this type of claim.

Who Can File a Wrongful Death Claim in Texas?
Tex. Civ. Prac. and Rem. Code Sec. 71.004
Family memberCan bring a claim?
Surviving spouseYes
ChildYes
ParentYes
SiblingGenerally no
GrandparentGenerally no
Other relativesGenerally not eligible
  • One Family Member May File

    One eligible family member may bring a wrongful death claim for the benefit of all eligible family members. Your family does not need to resolve every decision before speaking with us.

  • We Confirm Authority Before Filing

    Before filing, we identify the eligible family members and confirm whether another wrongful death or estate-related action is already pending. That helps prevent duplication and confusion about who has authority to act.

  • Not a Spouse, Child, or Parent?

    If you are not a spouse, child, or parent, you may not be able to bring a wrongful death claim yourself. If you are not eligible to file, we can explain whether any other legal options exist for your family.

Two Important Wrongful Death Deadlines

Most Texas wrongful death lawsuits must be filed within two years of the date of death. If no eligible family member files within three months, the estate’s personal representative may gain authority to file for the family. We identify and calendar both dates when we review the case.

How We Protect Wrongful Death Deadlines

Deadlines control wrongful death cases. Some run from the date of death. Others run from the date of the incident. We identify every deadline that applies and protect them immediately.

Government deadlines can run sooner

If a city, county, state agency, or other government entity may be involved, a separate notice deadline may apply much sooner. We review that issue immediately because the deadline can begin before a family is ready to act.

The deadlines we review first

  • 2 years
    from the date of death

    Wrongful death lawsuit

    Most wrongful death lawsuits must be filed within two years of the date of death.

  • 3 months
    authority can shift

    Three-month rule

    The three-month rule can change who has authority to file. Learn more in the deadline overview above.

  • Sooner
    formal notice may be due

    Government claim

    If a city, county, state agency, or other government entity may be involved, formal notice may be due much sooner.

  • Right away
    before records disappear

    Evidence preservation

    Video, vehicle data, company records, and physical evidence can disappear before the lawsuit deadline.

ImportantIf a government vehicle or government employee may be involved, special rules can apply. Government immunity, limits on compensation, and shorter notice deadlines may affect the claim.

If a fleeing driver caused the crash, that driver may be responsible. The practical issue is often whether the driver has insurance or assets available to pay a claim.

We evaluate both the claim against the fleeing driver and any possible claim against a government entity. We also review available uninsured/underinsured motorist coverage.

Our police chase accident page covers that interaction, and our guide to Texas filing deadlines sets out the rest.

Examples of Serious-Injury and Wrongful Death Results

These examples include wrongful death and serious-injury matters handled by the firm. Every case is different, and past results do not guarantee a similar outcome.

  • $15M
    18 wheeler, wrongful death

    Recovered for a family after a fatal collision with a commercial truck.

  • $2.55M
    18 wheeler crash

    Resolved for a client seriously hurt in a wreck with a tractor trailer.

  • $1M
    18 wheeler crash

    Recovered after a heavy truck caused a high impact highway collision.

How We Investigate a Fatal Car Accident

Ch. 71A fatal crash can become a death claim under Chapter 71

Fatal crashes are rarely as simple as they first appear. Fault, insurance coverage, and responsibility often involve more than one person or company. We investigate how the crash happened and who can legally be held accountable.

  • Fatal drunk-driving crashes

    We investigate the impaired driver and available insurance coverage. In limited circumstances, another person or business may also be responsible.

  • Fatal truck accidents

    We review the truck driver, trucking company, maintenance records, safety policies, and available electronic data.

  • Fatal motorcycle accidents

    Motorcycle crashes often involve disputes about speed, visibility, lane position, and fault. We review the evidence before accepting an insurer’s explanation of what happened.

  • Fatal pedestrian accidents

    Pedestrians are highly vulnerable in vehicle crashes. We investigate driver behavior, speed, traffic signals, lighting, road design, video, and witness evidence.

  • Fatal workplace crashes

    A workplace death may involve more than a workers’ compensation claim. If a third party, such as a driver, contractor, property owner, or equipment company, caused or contributed to the death, the family may have an additional claim.

  • Fatal crashes involving government vehicles

    A claim involving a government entity may have special rules, including immunity issues, limits on compensation, and short notice deadlines.

No matter how the death occurred, we begin by investigating the cause, identifying responsible parties, and determining which claims may apply under Texas law. If your loved one died in a crash, our Texas fatal car accident lawyers can review how the collision occurred and explain whether a wrongful death claim may exist.

How We Document What Your Family Has Lost

No amount of money undoes a death. What a wrongful death claim can do is address the financial harm and hold the responsible party accountable. Texas law allows families to recover specific categories of losses.

  • Lost Financial Support

    Income, benefits, household services, and other financial support the person would likely have provided.

  • Lost Companionship

    The loss of the relationship, guidance, care, love, and companionship the person provided.

  • Mental Anguish

    The emotional pain surviving family members experience because of the death.

  • Lost Inheritance

    The financial inheritance family members may reasonably have expected to receive.

  • Medical Expenses

    Medical costs related to the final injury or illness, when they are part of an available claim.

  • Funeral Expenses

    Funeral and burial costs, when recoverable under the facts of the case.

If the Other Side Blames Your Loved One

Texas law reduces compensation if the person who died is found partially at fault. If they are found more than 50% responsible, recovery may be barred entirely.

We address fault disputes with evidence, not argument.

The value of a wrongful death claim depends on the evidence, available insurance or assets, the people entitled to recover, and any legal limits that may apply. We do not estimate value before we understand the facts. Our note on what a Texas case is worth explains why published averages mislead.

How We Prove What Caused the Death

We do not rely only on a crash report or someone’s memory of what happened. We gather records, physical evidence, video, vehicle data, witness statements, and expert analysis to show how the death occurred and who may be responsible.

Case documents and photographs reviewed during a wrongful death investigation
  • Crash-Scene Evidence

    We review reports, photos, measurements, debris, vehicle damage, and roadway conditions.

  • Video and Witness Evidence

    We look for dash cameras, business cameras, doorbell footage, traffic cameras, and witnesses.

  • Vehicle Data

    We request available data that may show speed, braking, steering, seat-belt use, or vehicle activity before impact.

  • Company and Employer Records

    In truck and workplace cases, we seek maintenance records, driver logs, training records, hiring records, and safety policies.

  • Medical Evidence

    We review records showing the injury, treatment, cause of death, and the period between injury and death.

  • Expert Analysis

    When needed, we work with reconstruction, medical, economic, and other experts to explain the evidence.

How We Handle a Wrongful Death Claim

You focus on your family. We handle everything else. From the first conversation, we take control of the legal process so nothing is missed and nothing falls on you.

We ask for the information only your family can provide, then we handle the investigation, records requests, filings, negotiations, and communication with the other side. We keep you informed as the case moves forward.

How we work a claim

  1. We listen and review the facts. We learn what happened, answer immediate questions, and identify urgent deadlines.
  2. We preserve evidence. We request records, video, vehicle data, company documents, and other proof before it disappears.
  3. We build the claim. We identify responsible parties, insurance coverage, potential damages, and the claims your family may have.
  4. We pursue accountability. We negotiate when appropriate and prepare the case for litigation when necessary.

What We Do First When a Family Contacts Us

You do not need documents, answers, or a plan before contacting us. Start with what you know. We will handle the rest and tell you if anything is time-sensitive.

Please contact us promptly if there may be video, vehicle data, a commercial vehicle, a government entity, or an insurance deadline involved. Those records and deadlines can become harder to protect with time.

A first conversation does not commit your family to bringing a claim. We review what happened and explain whether there is anything you need to decide. If we do not see a viable claim, we will tell you directly.

Speak With a Wrongful Death Lawyer
First steps, side by side
Your family can doWe do first
Save letters, bills, photos, messages, and insurance informationIdentify immediate legal and evidence deadlines
Keep medical, funeral, and employment recordsRequest preservation of records where needed
Write down what you rememberReview available insurance coverage
Avoid signing insurer documents you do not understandExplain possible wrongful death and survival claims
Tell us if a government vehicle or agency was involvedReview whether a short government notice deadline may apply

We Handle Wrongful Death Cases in Texas

We represent families across Texas after a fatal crash, workplace incident, or other preventable death. You do not need to hire a lawyer in the city or county where the death occurred. We can review the facts, explain your options, and determine where a claim may need to be filed.

Where a claim is filed depends on the facts, the parties involved, and Texas venue rules. We determine that after reviewing the case.

Wrongful Death Cases We Handle Across Texas

  • Fatal Traffic Collisions

    We investigate fatal car, truck, motorcycle, delivery-vehicle, pedestrian, and bicycle crashes across Texas.

  • Workplace Deaths

    If a third party caused or contributed to a workplace death, the family may have a claim in addition to workers’ compensation benefits.

  • Offshore and Maritime Deaths

    Deaths that happen offshore, on navigable waters, or in maritime work may be governed by federal law. We review where the death happened and who was involved to determine which laws may apply.

  • Pedestrian and Cyclist Deaths

    We investigate driver behavior, traffic signals, road design, lighting, video, and witness evidence after a fatal pedestrian or cyclist crash.

  • Deaths Involving Government Entities

    Government-related deaths can involve immunity rules, limits on compensation, and short notice deadlines. We review those issues promptly.

No matter where the death occurred in Texas, we can review the case and explain what may come next. If your family chooses to move forward, we investigate the cause of death, preserve evidence, identify responsible parties, and protect the deadlines that apply.

The Lawyers Who Help Families After a Wrongful Death

  • Josh Alexander, Founder and Managing Attorney

    Josh Alexander

    Founder & Managing Attorney

    Josh helps families understand their options after a fatal crash or other preventable death. He leads the firm’s investigation, case strategy, and client communication.

    Meet Josh
  • Matthew Graham, Managing Litigation Attorney

    Matthew Graham

    Managing Litigation Attorney

    Matthew brings prior insurance-defense experience to cases involving disputed fault, insurance coverage, and insurer arguments.

    Meet Matthew
  • Laura Rivas, Senior Associate Attorney

    Laura Rivas

    Senior Associate Attorney

    Laura represents injured people and families in serious-injury and wrongful-death matters. She provides bilingual support in English and Spanish.

    Meet Laura

Client reviews

What Clients Say About Working With Us

These reviews are from actual clients of the firm and may involve different case types.

  • “They took the time to answer all of my questions and made me feel confident in them. The whole staff has been friendly and professional.”
    Cecilia G.
    Google review
  • “After speaking with them, we were put at ease right away. They made sure my physical therapy was covered and have been invaluable to us.”
    Kelly H.
    Google review
  • “Excelente servicio al cliente, son muy atentos con sus clientes. La comunicacion es muy buena; te ayudan a cualquier hora.”
    Salvador T.
    Google review

Resources for Families After a Death

Questions We Answer for Families After a Death

From Josh Alexander

No verdict brings anyone back, and I have never pretended otherwise to a family. What a claim can do is settle who was responsible. It can also take the financial part off you while you deal with the rest.

Call when you are ready. We look at it properly. If there is nothing worth bringing I will say so on the first call.

(469) 807-7480

No attorney’s fee unless we recover compensation.

Who can file a wrongful death claim in Texas?
A surviving spouse, child, or parent may bring a wrongful death claim in Texas. Siblings, grandparents, and other relatives generally cannot bring this type of claim. One eligible family member may bring the case for the benefit of all eligible family members.
What is the three-month rule?
If no eligible family member files a wrongful death lawsuit within three months, the estate’s personal representative may be required to bring it for the family. The three-month mark does not end the claim, but it can change who has authority to file.
How long do we have to file?
In most cases, a wrongful death lawsuit must be filed within two years of the date of death. If a government entity may be involved, a separate notice deadline may apply much sooner.
What is the difference between wrongful death and a survival claim?
A wrongful death claim belongs to surviving family members and seeks compensation for their losses. A survival claim belongs to the estate and seeks damages the person could have claimed if they had survived.
Do we need to open an estate?
Not always. A wrongful death claim can often be brought without opening an estate. A survival claim may require an estate representative or probate process, depending on the facts. We explain the options before your family begins a process you may not need.
Is a fatal car accident lawyer the same as a wrongful death lawyer?
Many wrongful death lawyers also handle fatal car accident cases. A fatal crash can lead to a wrongful death claim, but the investigation depends on how the crash happened and who may be responsible.
What does it cost to talk to you?
Your consultation is free and does not commit your family to hiring us. If we take the case, we charge an attorney’s fee only if we recover compensation, and we explain case expenses before you hire us.

When You Are Ready, We Are Here to Help

You do not need to know whether you have a case. That is our job. Tell us what happened, and we will explain your family’s options clearly and honestly.

Free, confidential consultation. No attorney’s fee unless we recover compensation.