Wrongful Death Attorney — Conroe & Greater Houston, TX

A wrongful death claim is brought by surviving family members — spouse, children, or parents — for their own losses: grief and mental anguish, lost financial support, loss of companionship and consortium, lost inheritance, and loss of parental guidance. These are the family’s personal damages.

A survival action is brought by the estate of the deceased for damages the deceased personally suffered before death — pain and suffering between the injury and death, medical expenses incurred before death, and lost wages during that period. It “survives” the person’s death and belongs to the estate. Both claims arise from the same wrongful act and are typically filed simultaneously by the same attorney, producing the maximum combined recovery.

A wrongful death claim is a civil action for financial compensation brought by the family. A criminal prosecution is brought by the state to punish the offender. They are entirely separate proceedings with different parties, different standards, and different outcomes.

Most importantly: a criminal acquittal does not bar a civil wrongful death claim. The burden of proof in civil cases is “preponderance of the evidence” — more likely than not — which is substantially lower than the “beyond a reasonable doubt” standard required for a criminal conviction. A family may simultaneously support a criminal prosecution and pursue a civil wrongful death claim. The civil claim does not depend on the outcome of the criminal case.

Economic damages include: lost financial contributions and future earning capacity; loss of household services and maintenance; loss of inheritance the deceased would have left; funeral and burial expenses; and through the survival action, medical expenses and lost wages between injury and death.

Non-economic damages include: mental anguish and grief; loss of companionship, society, and affection; loss of care, advice, and counsel; loss of parental nurturing and guidance for minor children; and loss of consortium for a surviving spouse.

In cases involving gross negligence or malice — drunk driving fatalities, intentional harm, or knowing safety violations — exemplary damages under CPRC Chapter 41 may also be available. Texas does not cap wrongful death damages in most personal injury cases outside of medical malpractice.

Texas Civil Practice and Remedies Code § 16.003 provides a two-year statute of limitations for wrongful death claims, running from the date of death — not the date of the underlying accident. For government entity involvement — a city vehicle, school bus, or government-operated facility — a shorter 6-month notice of claim under the Texas Tort Claims Act may apply before a lawsuit can be filed.

However, the practical urgency is immediate regardless of the legal deadline. Physical evidence deteriorates, surveillance footage is overwritten, witnesses move on, and the responsible party’s attorneys begin building a defense from day one. Contact an attorney as soon as your family is ready — we will handle every legal step and communicate on your timeline.

Yes — a wrongful death claim can be filed against any responsible party regardless of whether they carry insurance. We will also evaluate whether other parties share liability — employers, property owners, vehicle manufacturers, or others whose negligence contributed to the death — and whether the deceased’s own insurance policies, including uninsured/underinsured motorist coverage, may provide additional recovery for the family.

In some cases, multiple parties share responsibility and multiple insurance policies may be available. Identifying every source of potential recovery is one of the most important early steps in a wrongful death case, and it requires investigation that begins immediately after you contact us.