# Do You Have a Wrongful Death Case? 3 Common Examples | Attorney Brian White ![Do You Have a Wrongful Death Case? 3 Common Examples](https://attorneybrianwhite.com/wp-content/uploads/2026/02/Do-You-Have-a-Wrongful-Death-Case-3-Common-Examples-300x207.jpg) Losing a loved one is one of life’s most difficult experiences. When a death occurs because of someone else’s careless or negligent actions, Texas law allows surviving family members to pursue a [wrongful death](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/) claim. Rather than the injured person bringing a [personal injury](https://attorneybrianwhite.com/) lawsuit, the family files the claim on the deceased individual’s behalf. ## Three Common Examples of Wrongful Death Claims in Houston, TX In Texas, a wrongful death claim covers deaths caused by another person’s wrongful act, neglect, carelessness, unskillfulness, or default. Examples include deaths from [car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/), [workplace injuries](https://attorneybrianwhite.com/houston-tx/workplace-injury-lawyer/), medical mistakes, or unsafe conditions.  Examples of wrongful death claims include: ### Example 1: Fatal Motor Vehicle Accidents Car and truck accidents are among the leading causes of wrongful death claims. Texas sees thousands of fatal car crashes yearly. In recent years,[TxDOT data](https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html) shows over 4,000 fatalities annually from auto accidents.  These deaths often result from negligent driving behaviors and other factors, including: - [Distracted driving](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/distracted-driving/) (such as texting or using a phone) - Driving under the influence of alcohol or drugs - [Speeding](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/speeding/) or reckless driving - Failure to wear a seatbelt - Poor vehicle maintenance by the owner - Faulty repairs - Defective parts by a manufacturer Suppose a driver who has been drinking falls asleep at the wheel and crosses the center line. They collide head-on with another vehicle, killing the other driver. The deceased driver’s family would have grounds for a wrongful death claim against the drunk driver because the death resulted from that person’s negligent and dangerous actions. ### Example 2: Workplace Accidents Workplace accidents can also lead to wrongful death claims, particularly in high-risk industries such as construction, manufacturing, and transportation. While surviving family members may be eligible for Texas workers’ compensation [death benefits](https://www.tdi.texas.gov/wc/employee/deathben.html), additional legal claims may arise when a third party’s negligence contributed to the death. Common examples include defective equipment, unsafe machinery, or dangerous job-site conditions. For instance, if a construction worker is killed after falling from defective scaffolding, the family may be able to pursue a wrongful death claim against the equipment manufacturer or another responsible third party, in addition to any workers’ compensation benefits. ### Example 3: Medical Malpractice Medical malpractice is another frequent cause of wrongful death claims. When a healthcare provider fails to meet the accepted standard of care and that failure results in a patient’s death, surviving family members may have a wrongful death claim based on medical negligence. Situations that commonly lead to these claims include: - Misdiagnosis or delayed diagnosis of serious conditions - Surgical mistakes or procedural errors - Anesthesia or medication errors - Failure to monitor a patient’s condition - Hospital-acquired infections due to unsanitary conditions For example, if an anesthesiologist administers an incorrect dosage of anesthesia during a routine procedure and fails to monitor the patient’s vital signs, resulting in death, the patient’s family may have grounds to file a wrongful death lawsuit against the hospital and involved providers. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Key Information for Families About Texas Wrongful Death Claims Understanding Texas wrongful death laws helps families know what to expect when pursuing a wrongful death claim. ### Who Can File a Wrongful Death Claim in Texas? Under[Texas law](https://statutes.capitol.texas.gov/docviewer/?docPath=%2FCP%2Fhtm%2FCP.71.htm/), only the surviving spouse, children, and parents can bring a wrongful death action. Other family members are not permitted to file wrongful death lawsuits. If none of these family members files within three months, the estate representative may pursue the claim. ### Statute of Limitations for Wrongful Death Claims in Texas The[statute of limitations](https://attorneybrianwhite.com/blog/statute-of-limitations-in-a-wrongful-death-case-in-houston-tx/) for a wrongful death claim in Texas is two years. The time begins from the date the person died, which may not be the date of the accident or injury. Missing this deadline means you cannot seek compensation through the court system. ### Damages Available in Texas Wrongful Death Cases Wrongful death damages can include[economic damages](https://attorneybrianwhite.com/faqs/what-are-economic-damages/), such as lost future income, medical expenses, funeral costs, and loss of household services. The family may also receive[non-economic damages](https://attorneybrianwhite.com/faqs/what-are-non-economic-damages-in-texas/) for loss of companionship and capacity, mental anguish, loss of care and counsel, and loss of inheritance. Some cases may qualify for exemplary or[punitive damages](https://attorneybrianwhite.com/faqs/what-are-punitive-damages-in-texas/). These damages are awarded in specific cases to “punish” parties for fraud, gross negligence, or malice. ## Contact Attorney Brian White Personal Injury Lawyers To Schedule a Free Consultation With a Houston Wrongful Death Attorney If you believe your family has a wrongful death claim in Texas, you need help from an experienced Houston wrongful death lawyer as soon as possible. The two-year statute of limitations moves quickly, and gathering evidence becomes harder as time passes.  An attorney can help you understand your rights, determine who is eligible to file, and guide your family through this difficult legal process. To learn more, [contact](https://attorneybrianwhite.com/contact-us/) [Attorney Brian White Personal Injury Lawyers](https://attorneybrianwhite.com/about/) today at [(713) 500-5000](tel:+17135005000). We offer a free consultation with a Houston Wrongful death lawyer.  **Attorney Brian White Personal Injury Lawyers – Houston, TX**[3120 Southwest Freeway, Suite 350, Houston, TX 77098](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Houston/@29.7309684,-95.4262545,17z/data=!3m1!4b1!4m6!3m5!1s0x8640bf255e7aaf73:0x52064b120afa59fe!8m2!3d29.7309684!4d-95.4262545!16s%2Fg%2F1tfrxw9q?entry=tts/) Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. Avvo / Justia / Linkedin / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / Yelp / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Wrongful Death Blog Posts: [![How To File a Wrongful Death Lawsuit in Houston, TX](https://attorneybrianwhite.com/wp-content/uploads/2023/11/How-To-File-a-Wrongful-Death-Lawsuit-in-Houston-TX-300x200.jpg)](https://attorneybrianwhite.com/blog/how-to-file-a-wrongful-death-lawsuit-in-houston-tx/) [How to File a Wrongful Death Lawsuit in Houston, TX](https://attorneybrianwhite.com/blog/how-to-file-a-wrongful-death-lawsuit-in-houston-tx/) When one person injures another through misconduct, a personal injury claim generally arises. If the victim dies from [![Grief Support Groups in Houston, Texas](https://attorneybrianwhite.com/wp-content/uploads/2023/12/GriefSupport-Group-in-Houston-Texas-300x207.jpg)](https://attorneybrianwhite.com/blog/grief-support-groups-in-houston-texas/) [Grief Support Groups in Houston, Texas](https://attorneybrianwhite.com/blog/grief-support-groups-in-houston-texas/) Losing a loved one is always a horrible ordeal, but when you know your loved one didn’t have to die, it can be [![Statute of Limitations in a Wrongful Death Case in Houston, TX](https://attorneybrianwhite.com/wp-content/uploads/2023/11/Statute-of-Limitations-in-a-Wrongful-Death-Case-in-Houston-TX-300x200.jpg)](https://attorneybrianwhite.com/blog/statute-of-limitations-in-a-wrongful-death-case-in-houston-tx/) [Statute of Limitations in a Wrongful Death Case in Houston, TX](https://attorneybrianwhite.com/blog/statute-of-limitations-in-a-wrongful-death-case-in-houston-tx/) You can file a lawsuit if you suffer a personal injury due to someone else’s misconduct. In some cases, you don’t --- Source: https://attorneybrianwhite.com/faqs/do-you-have-a-wrongful-death-case-3-common-examples/