Losing a loved one to someone else’s negligence leaves a family with grief and unanswered questions.
At Jones Injury Law Group, we help Houston families understand what happened and what their legal options look like.
Call (713) 714-6519 or reach out online to schedule a consultation.
Why Choose Jones Injury Law Group
Jones Injury Law Group is not a volume practice. We take on a limited number of cases so that every family we represent gets direct attention from experienced trial attorneys, not a rotating cast of case managers.
Audia Jones brings a background as a former prosecutor and a former Division I basketball player, giving her a disciplined, detail-driven approach to building a case. DaSean Jones’s experience as a former District Judge and a decorated Army combat veteran shapes how our firm evaluates evidence and prepares for trial.
Our attorneys built this firm to make a difference in the Houston community, and we take that responsibility seriously with every family we represent. We are here to fight for your family, not to process a file.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim allows certain family members to seek compensation when a person dies because of another party’s negligence, carelessness, or wrongful conduct under Tex. Civ. Prac. & Rem. Code § 71.002. Liability exists when the death results from an injury that would have entitled the deceased person to bring a claim had they survived.
Who Can File a Wrongful Death Claim in Texas?
Texas law strictly limits who can bring this type of claim. Under Tex. Civ. Prac. & Rem. Code § 71.004, a wrongful death action exists for the exclusive benefit of:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased
One eligible family member may file on behalf of all of them, or multiple family members may join the claim together. If none of these individuals files within three months of the death, the executor or administrator of the estate generally must bring the claim, unless the family has asked them not to.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
These two claims often arise from the same incident but serve different purposes. A wrongful death claim compensates the surviving spouse, children, and parents for their own losses resulting from the death.
A survival action, by contrast, is brought under Tex. Civ. Prac. & Rem. Code § 71.021 on behalf of the deceased person’s estate. It compensates for what the deceased person experienced between the injury and death, such as medical expenses and conscious pain and suffering. Many Houston families pursue both types of claims together to recover the full scope of their losses.
Common Causes of Wrongful Death Cases in Houston
Houston’s dense highway system, heavy commercial traffic, and concentration of industrial facilities contribute to a steady number of fatal incidents each year, and our firm handles wrongful death claims arising from nearly every one of these circumstances.
- 18-wheeler accidents: Houston’s role as a major shipping and logistics hub means heavy truck traffic on corridors like I-45, I-10, and the Sam Houston Tollway, where a fully loaded rig can turn a routine collision into a fatal one.
- Motor vehicle accidents: Distracted and speeding drivers contribute to a steady stream of fatal collisions across the city, and motorcyclists face a heightened risk of catastrophic or fatal injury when a crash occurs.
- Drunk driving accidents: Impaired drivers remain a leading cause of fatal crashes across the Houston area, particularly late at night and on weekends.
- Rideshare accidents: Uber and Lyft accidents raise unique questions about which insurance policy applies and who bears responsibility, especially when a driver was logged into the app at the time of the crash.
- Construction accidents: Houston’s ongoing development means constant construction activity, and falls, equipment failures, and unsafe job sites can turn deadly quickly.
- Oilfield accidents and refinery explosions: The Houston Ship Channel and surrounding refining corridor carry serious risks, including explosions, chemical exposure, and equipment failures that can result in catastrophic or fatal injuries to workers and nearby residents.
- Workplace injuries: Beyond the energy sector, fatal workplace incidents occur across Houston’s industrial, warehousing, and manufacturing facilities.
- Product liability cases: A defective vehicle part, piece of machinery, or consumer product can fail without warning, causing a fatal injury that the person had no way to anticipate or prevent.
- Apartment and storefront accidents: Poor maintenance or unsafe conditions at an apartment complex or retail location, such as structural failures, fires, or equipment hazards, can lead to fatal incidents.
- Slip and fall incidents: A fatal fall can happen anywhere, from a grocery store to a private residence, when a property owner fails to address a known hazard.
- Sexual assaults: When a sexual assault results in a death, or when inadequate security at a property enabled an assault to occur, surviving family members may have grounds to pursue a wrongful death claim against the property owner or responsible party.
Fatal cases connected to Harris County are typically litigated in the county’s civil district courts, where a firm’s trial experience carries real weight.
What Damages Can You Recover in a Texas Wrongful Death Case?
Texas law allows several categories of damages in a wrongful death claim, including:
- Loss of the financial support the deceased would have provided
- Loss of companionship and society
- Loss of inheritance that the family would reasonably have expected
- Mental anguish experienced by surviving family members
- Funeral and burial expenses
If the death resulted from a willful act, omission, or gross negligence, the family may also be entitled to pursue exemplary damages, which are intended to punish especially egregious conduct rather than simply compensate for loss.
What If Your Loved One Was Partially at Fault?
Texas follows a modified comparative negligence rule under Tex. Civ. Prac. & Rem. Code § 33.001, often called the 51% bar rule. A family can still recover damages as long as the deceased is found 50% or less at fault for the incident, though the recovery will be reduced by that percentage.
If the deceased is found 51% or more at fault, Texas law bars the family from recovering damages entirely. Insurance companies often try to shift blame onto the deceased to reduce or avoid payment, which makes a thorough investigation critical from the start.
Houston Wrongful Death FAQs
How Long Do You Have to File a Wrongful Death Claim in Texas?
Under Tex. Civ. Prac. & Rem. Code § 16.003(b), most wrongful death claims in Texas must be filed within two years of the date of death. Texas courts apply this deadline strictly. Even the discovery rule, which can delay the clock when an injury isn’t immediately obvious, generally does not extend the filing window in wrongful death cases.
Missing this deadline typically means losing the right to pursue compensation entirely, regardless of how clear the liability may be. Speaking with a lawyer soon after a loved one’s death helps protect your family’s ability to file on time.
Does It Matter if Your Loved One Did Not Have a Will?
Not for a wrongful death claim itself, since this claim belongs to the surviving spouse, children, and parents directly rather than to the estate. A will becomes more relevant for a related survival action, which is brought on behalf of the estate.
Can You Still Pursue a Claim if the Police Report Blames Your Loved One?
Yes, in many cases. A police report reflects one officer’s initial assessment, not a final legal determination of fault, and further investigation can often present a different picture of what happened.
Contact Jones Injury Law Group About Your Wrongful Death Case
Our firm was built to represent families who have suffered serious loss, and every case gets the attorneys’ full attention from start to finish. Call (713) 714-6519 or reach out to Jones Injury Law Group to schedule a consultation, or contact us online to share the details of what happened.