When a crash on State Highway 146 takes someone you love, grief and hard questions arrive together. A wrongful death lawyer in La Porte can answer the questions about fault, money, and deadlines while your family leans on each other.
Attorney Brian White Personal Injury Lawyers has stood with injured Texans and grieving families since 2008. Our personal injury lawyers in La Porte prepare every case as if it may go to trial. Get Brian, and we’ll talk through what happened at no cost to you.
Who Can File a Wrongful Death Claim in Texas?
A wrongful death claim in Texas can be filed by the deceased person’s surviving spouse, children, or parents under Tex. Civ. Prac. & Rem. Code § 71.004. One of them can file for all of them, or they can file together.
Many people assume a brother, sister, or grandparent can bring the claim. Texas law doesn’t allow that, though adopted children and adoptive parents can file. If no eligible family member files within three months of the death, the estate’s executor or administrator must file unless every family member asks them not to.
A separate survival claim under § 71.021 belongs to the estate. It covers what your loved one went through before death, such as medical bills and pain.
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How Our Wrongful Death Lawyers in La Porte Help Your Family
A wrongful death claim rests on proof, and proof can disappear quickly. Our lawyers gather crash reports from the La Porte Police Department or the Texas Department of Public Safety, along with witness statements, video footage, and vehicle data, to build your case.
When a death needs an autopsy, the Harris County Institute of Forensic Sciences performs it. Its findings can help show how and why your loved one died, and we request those records for your claim.
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How Long Do You Have to File a Wrongful Death Lawsuit in Texas?
The deadline to file a wrongful death lawsuit in Texas is generally two years from the date of death under Tex. Civ. Prac. & Rem. Code § 16.003(b).
Claims against the government can need action much sooner. The La Porte City Charter requires written notice to the city secretary within 180 days of a death the city caused, under Section 1.06. The Texas Tort Claims Act sets a six-month notice deadline for claims against Harris County and state agencies.
A city vehicle, a county road crew, or a TxDOT work zone can change your deadline without warning. Finding out early who was responsible keeps your family’s options open.
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Steps for Your Family After a Fatal Accident in La Porte
If your loved one died in a crash, you can buy the officer’s crash report through the TxDOT Crash Report Online Purchase System. A regular copy costs $6 and a certified copy costs $8, according to TxDOT, and the certified copy is the one courts accept.
If the death happened at work, the employer must report it to OSHA within 8 hours, according to OSHA. You can call OSHA’s 24-hour line at 1-800-321-6742 to ask whether an inspection is open, and its findings may help show what went wrong.
You’ll also need certified death certificates, and someone may need to open an estate through the Harris County Clerk’s Office to bring the survival claim. Before you sign anything from an insurer or employer, talk with a lawyer, because a quick release can end the claim.
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Deadly Crashes on La Porte Roads
In 2025, 3,769 people died in Texas traffic crashes, and 906 of those deaths involved a driver under the influence of alcohol, according to TxDOT’s 2025 crash facts.
In La Porte, container trucks bound for the Barbours Cut Container Terminal crowd State Highway 146 and State Highway 225, and SH 146 carries traffic over the Fred Hartman Bridge to Baytown. A fatal crash with a tractor-trailer can involve the driver, the trucking company, the company that loaded the cargo, and the maker of a failed part.
Each of those parties may carry its own insurance. Our lawyers identify every policy that may pay your family’s claim.
Fatal Plant Accidents Along the Houston Ship Channel
La Porte sits beside some of the largest chemical plants in Texas, and deadly accidents have happened here. In 2014, four workers died in a toxic gas release at the DuPont plant in La Porte, according to the U.S. Chemical Safety Board. In 2021, hot acid sprayed from a valve at LyondellBasell’s La Porte plant and killed two contract workers, the CSB found.
Workers’ comp usually bars a lawsuit against an employer that carries coverage, but there are exceptions. Under Tex. Lab. Code § 408.001(b), a worker’s spouse and children may seek exemplary damages when gross negligence caused the death. Section 406.033 lets families sue employers that opted out of the system.
Contractors, plant owners, and equipment makers can also share the blame. Attorney Brian White Personal Injury Lawyers has recovered an $11.5 million settlement for the family of a construction worker who died in a fall. Past results do not guarantee future outcomes.
What Damages Can a La Porte Family Recover?
Texas law lets a jury award damages in proportion to the harm the death caused each family member, under § 71.010. Depending on the facts, a wrongful death claim may include:
- Lost earnings and financial support your loved one would have provided
- Lost care, advice, and household help
- Loss of love, companionship, and comfort
- Mental anguish caused by the death
- The inheritance your family would likely have received
When gross negligence caused the death, such as a drunk driver’s choice to get behind the wheel, § 71.009 allows exemplary damages. Our firm recovered a $4 million settlement for a family after a drunk-driving death. Past results do not guarantee future outcomes.
Insurers often argue that the person who died was partly at fault. Under § 33.001, a claim is barred only if that share of fault is more than 50%, and a smaller share reduces the award.
Why La Porte Families Choose Attorney Brian White Personal Injury Lawyers
Brian White is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He’s also a member of the Multi-Million Dollar Advocates Forum, which recognizes lawyers who have obtained qualifying multimillion-dollar verdicts or settlements.
If the insurance company refuses to be fair, we don’t pass your case to another firm. Attorney Brian White Personal Injury Lawyers is the wrongful death lawyer in La Porte that takes the case to court with its own trial lawyers, and we still handle each case efficiently so your family isn’t kept waiting.
Click here to learn more about Attorney Brian White Personal Injury Lawyers and the team behind it. We can meet you at home if travel is hard, and our team offers services in Spanish.
Talk With a La Porte Wrongful Death Attorney About Your Next Steps
No lawsuit can bring your loved one back, but it can hold the responsible party to account and protect your family’s future. Our wrongful death lawyers in La Porte can handle the investigation, the deadlines, and the insurance company so you don’t have to.
Our team is available 24/7, and a real person answers when you call. Reach out today for a free consultation, and we’ll help you understand your family’s options.
Call or Text (713) 500-5000 or Complete a Case Evaluation Form