Nothing prepares a family for the sudden loss of someone they love. When that loss happens because of another person’s negligence, the grief is compounded by a sense of injustice that does not go away on its own. A wrongful death lawyer in Jersey Village can help your family pursue accountability and the financial support you need to move forward.
Attorney Brian White Personal Injury Lawyers has been fighting for Texas families since 2008. We handle wrongful death cases with the care and determination they deserve, and we prepare every case as if it may go to trial.
If you need a Jersey Village personal injury lawyer who will stand up for your family, contact us today for a free consultation. You pay nothing unless we win.
What Is a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code §71.002, a wrongful death claim can be filed when someone dies as a result of another party’s negligence, carelessness, or wrongful act. In plain terms: if your loved one would have had the right to sue for their injuries had they survived, their family now has the right to sue on their behalf.
Texas law specifies who can bring a wrongful death claim:
- The surviving spouse
- The deceased’s children
- The deceased’s parents
If none of these parties file within three months of the death, the executor of the estate may step in and file on behalf of the heirs. Texas generally gives families two years from the date of death to file a wrongful death lawsuit. Missing that deadline can permanently bar your family from recovering anything.
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What Is a Survival Action?
Texas law also allows families to pursue a survival action alongside a wrongful death claim. These are two separate legal claims, and understanding the difference matters.
A wrongful death claim compensates the surviving family members for the financial support they have lost, the companionship they will never get back, and the mental anguish they are living with. A survival action is filed on behalf of the deceased person’s estate and seeks compensation for what your loved one suffered between the time of the injury and their death, including medical bills, lost wages, and pain and suffering.
In many cases, both claims can be filed at the same time, which can significantly increase the total compensation available to your family. A wrongful death lawyer in Jersey Village can evaluate your situation and determine which claims apply.
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Who Can Be Held Responsible?
Wrongful death claims can be brought against virtually any party whose negligence caused the fatal accident. Depending on the facts of your case, that could include:
- A negligent driver
- A trucking company or their employer
- A property owner who failed to address a known hazard
- A manufacturer of a defective product
- A healthcare provider who committed malpractice
- An employer who failed to maintain a safe workplace
Identifying every party that shares responsibility matters because it can significantly increase the total compensation available to your family. Our Jersey Village wrongful death attorneys investigate thoroughly to make sure no one escapes accountability.
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What Compensation Can Your Family Recover?
No amount of money can undo what happened. But compensation can ease the financial pressure your family is under and provide the stability to rebuild. Texas law allows wrongful death families to recover damages in two broad categories.
Damages for the family’s personal losses may include:
- Loss of financial support the deceased provided
- Loss of household services
- Loss of companionship, love, and guidance
- Mental anguish suffered by surviving family members
Damages connected to the death itself may include:
- Medical expenses from the final injury or illness
- Funeral and burial costs
- In some cases, punitive damages if the responsible party’s conduct was especially reckless
The value of a wrongful death case depends on many factors, such as the age and earning capacity of the deceased, the level of support they provided, and the circumstances of the accident. Our team works with financial experts to calculate both current and future losses so your family is not left short-changed.
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How Texas Fault Rules Apply
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code §33.001. If your loved one is found to have been more than 50% responsible for the accident, your family cannot recover compensation. If they are found to be 50% or less at fault, you can still recover, but the award will be reduced by their percentage of fault.
Insurance companies know this rule well, and they will often try to shift blame onto the deceased to reduce what they owe. Having a skilled legal team pushing back against those tactics is critical to protecting the full value of your family’s claim.
Deadlines You Need to Know
Texas generally gives families two years from the date of death to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code §16.003. Missing that deadline permanently bars your family from recovering compensation.
There are limited exceptions; for example, claims involving government entities often have shorter deadlines, requiring a formal notice of claim within six months under the Texas Tort Claims Act. Acting quickly is essential, both to meet legal deadlines and to preserve the evidence your case depends on.
Get Help From a Wrongful Death Lawyer in Jersey Village Today
Losing someone because of another party’s negligence is one of the hardest things a family can go through. Attorney Brian White Personal Injury Lawyers has recovered hundreds of millions of dollars for Texas families, and we handle every wrongful death case with the seriousness and compassion it deserves.
If your family is ready to pursue accountability, we are ready to help. Contact us today for a free consultation with a wrongful death attorney in Jersey Village. Get Brian.
Call or Text (713) 500-5000 or Complete a Case Evaluation Form