TODD E. WEBB, ESQ.

Wrongful Death Lawyer in Harris County, Texas | Todd E. Webb, Esq.

When a loved one dies as a result of someone else’s negligent or wrongful actions, the pain can feel unbearable. And beyond the emotional devastation, families often face mounting financial pressures, including medical bills, funeral expenses, and lost income from the deceased. In these difficult times, Texas law provides a path for families to pursue justice and financial compensation through a wrongful death claim.

What Is a Wrongful Death Claim in Texas?

According to Texas law, a wrongful death claim is a civil lawsuit brought when someone dies as a result of another person’s or entity’s negligence, carelessness, wrongful act, misconduct, or recklessness.

Wrongful death claims are separate from criminal cases. Even if the at-fault party is not charged with a crime or is acquitted in criminal court, your family can still pursue a wrongful death lawsuit.

Common Types of Wrongful Death Cases in Harris County

Harris County residents can legally bring wrongful death claims arising from the following:

Motor Vehicle Accidents: Car accidents, truck accidents, and rideshare accidents on Houston-area highways and city streets.
Workplace Accidents: Falls, equipment failures, and industrial accidents at construction sites and manufacturing facilities.
Medical malpractice: Surgical errors, misdiagnosis, and medication mistakes.
Premises Liability: Slip and falls, inadequate security, and unsafe property conditions.
Product Liability: Defective products that cause fatal injuries.

Who Can File a Wrongful Death Claim in Texas?

Texas law is specific about who has the legal right to file a wrongful death claim. Texas courts only allow certain family members to bring this action:

If none of these immediate family members file a wrongful death claim within three months of the death, the personal representative (executor or administrator) of the deceased person's estate may file on behalf of the beneficiaries.

Critical Deadline: The Two-Year Statute of Limitations

Texas law gives family members two years from the date of death to file a wrongful death lawsuit. If the claimant fails to file within two years, they may waive their right to file their claim, regardless of how strong the case may be.

What Must You Prove in a Wrongful Death Case?

To successfully pursue a wrongful death claim in Harris County, your family must establish four key elements:

Duty of Care: The defendant owed a legal duty to act reasonably and avoid causing harm to the deceased.
Breach of Duty: The defendant failed to meet their legal obligation through action or inaction.
Causation: The defendant's breach of duty directly caused the death.
Damages: The death resulted in measurable losses to surviving family members, including both economic and non-economic damages.

Types of Damages Available in Texas Wrongful Death Claims

Texas law recognizes that the loss of a loved one causes both financial and emotional harm. Damages in wrongful death cases fall into three main categories:

Economic damages include lost wages and earning capacity, lost financial support, funeral and burial expenses, medical expenses incurred before death, and the value of lost household services.
Non-economic damages compensate for subjective losses such as the loss of companionship and society, loss of parental care and guidance, loss of spousal support, mental anguish, and grief.
Punitive damages may be awarded when the defendant's conduct was particularly reckless or intentional.

Comparative Fault in Texas

Texas follows a modified comparative fault rule. If the deceased is found partially at fault for the incident that caused their death, the damages awarded to your family will be reduced by that percentage.

For example, if a jury determines the deceased was 30% at fault and awards $1 million in damages, your family would recover $700,000.

Cases Against Government Entities in Harris County

If a government entity or government employee may be responsible for your loved one’s death, different rules apply under Texas law: Your potential compensation is limited to $250,000 per person for claims against state or municipal governments, and those claims require special notice requirements and carry shorter deadlines.

Meet Mr. Webb: A Harris County Wrongful Death Lawyer

Todd E. Webb, Esq. is a dedicated personal injury and wrongful death attorney serving families throughout Harris County and the greater Houston area. With extensive experience navigating the complexities of Texas wrongful death law, Mr. Webb works tirelessly to help grieving families obtain the compensation they deserve.

Mr. Webb approaches each case with compassion and tenacity; he understands that no legal settlement can replace a lost loved one, but believes that holding responsible parties accountable provides families with a measure of justice during their most difficult time. Whether your case involves a tragic traffic accident, workplace fatality, or medical error, he brings both legal skill and genuine care to every representation.

FREQUENTLY ASKED QUESTIONS

Wrongful Death Claims in Harris County, Texas

How long do I have to file a wrongful death claim in Texas?
You must file a wrongful death lawsuit within two years of the date of death. This is a strict deadline with only limited exceptions.
Who can file a wrongful death claim in Texas?
Only the surviving spouse, adult or minor children, and surviving parents can file a wrongful death claim initially.
Can I file a wrongful death lawsuit if the defendant was found not guilty in criminal court?
Yes. Wrongful death cases are civil cases with a lower standard of proof. It is possible to win a civil wrongful death case even if there is no criminal conviction.
What is comparative fault, and how does it affect my case?
If the deceased is found partially at fault, compensation is reduced by that percentage. If the deceased is found more than 50% at fault, you cannot recover any damages.
What damages can I recover in a wrongful death claim?
You can recover economic damages (lost wages, funeral expenses, medical bills), non-economic damages (loss of companionship, emotional pain), and, in some cases, punitive damages designed to punish particularly reckless conduct.
Do I need a lawyer for a wrongful death claim?
Although not legally required, wrongful death cases are complex and involve significant legal requirements, tight deadlines, and substantial damages. An experienced attorney helps level the playing field.

Contact a Harris County Wrongful Death Lawyer at the Law Office of Todd E. Webb Today

If you have lost a loved one in Harris County as a result of someone else’s wrongful act, do not wait to seek legal advice.

CALL 832-529-4410 OR COMPLETE OUR ONLINE FORM.
WE ARE LOCATED IN HOUSTON, TEXAS