Wrongful Death in Houston
Houston wrongful death cases often involve two parallel claims: the Wrongful Death Act claim for the survivors' losses (loss of companionship, lost earning capacity, mental anguish) and a Survival Action brought by the estate for the deceased's own pre-death pain and suffering, medical bills, and lost wages.
Texas law that governs wrongful death cases
Fatal crashes and incidents in Houston
Harris County's 579 traffic deaths in 2024 represent the largest single-county pool of potential wrongful-death cases from crashes alone, the most of any county in Texas. The City of Houston's 301 traffic fatalities in 2024 set an all-time city record. In 2024, approximately 119 Houston pedestrians were killed, roughly two of every five traffic fatalities that year, and Houston ranked 3rd in the entire United States for pedestrian deaths in 2023 (98 deaths, NHTSA data), behind only Los Angeles and Phoenix. Harris County construction sites add at least 100 more occupational deaths per year.
Texas wrongful-death claims (CPRC § 71.002) belong to a surviving spouse, children, and parents; a companion survival claim (§ 71.021) compensates what your loved one endured before death. Where a company or driver acted with conscious indifference, a distracted 18-wheeler driver on I-45, a Ship Channel employer who ignored a known hazard, punitive damages may apply on top of full compensatory recovery. Harris County juries have returned eight- and nine-figure wrongful-death verdicts, and the combined exposure in a commercial trucking fatality ($750K–$5M federal policy minimum) can be very large.
Where you're treated and where your case is filed both matter. Houston has two Level I adult trauma centers, Memorial Hermann–Texas Medical Center / Red Duke Trauma Institute (6411 Fannin St) and Ben Taub Hospital (Harris Health System, 1504 Taub Loop), both in the Texas Medical Center complex. The TMC is the largest medical complex in the world, handling over 10 million patient encounters a year. Houston-area cases are filed in Harris County's civil courts at 201 Caroline Street, Houston, TX 77002. Harris County is the most litigated personal injury venue in Texas, with 115,173 reportable crashes and 579 traffic deaths recorded in 2024 alone, more crashes than any other county in the state by a factor of two.
What we investigate in a Houston wrongful death case
- Harris County 2024: 579 traffic deaths, most of any Texas county; city record 301 in 2024
- Houston 3rd in US for pedestrian deaths (2023, NHTSA): 98 pedestrian deaths; ~119 in 2024
- Harris County construction: 100+ worker deaths/year (BLS); Ship Channel industrial fatalities
- CPRC § 71.002 wrongful-death + § 71.021 survival claim, both filed simultaneously in major Harris County cases
Common injuries we see in Houston
- Fatal car accidents
- Truck and 18-wheeler fatalities
- Motorcycle and bicycle fatalities
- Pedestrian deaths
- Workplace fatalities (oilfield, construction)
- Premises liability deaths (pool drownings, falls)
- Medical malpractice
- Defective product fatalities
Compensation we pursue
- Loss of earning capacity
- Loss of companionship and society
- Loss of guidance, counsel, and advice (for surviving children)
- Loss of household services (childcare, eldercare, home maintenance)
- Loss of inheritance
- Mental anguish of the surviving family
- Funeral and burial expenses
- Pain and suffering endured before death (survival action)
Frequently asked questions for Houston clients
Who can file a wrongful death lawsuit in Texas?
Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012), only the surviving spouse, children (biological and adopted), and parents of the deceased can file. Siblings, grandparents, and other relatives cannot.
What's the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family for their losses. A survival action (Tex. Civ. Prac. & Rem. Code § 71.021) is brought by the estate for the deceased's own injuries, pre-death pain and suffering, medical expenses, and lost wages from injury to death.
How long do we have to file a Houston wrongful death claim?
Generally two years from the date of death under Tex. Civ. Prac. & Rem. Code § 16.003. Different deadlines may apply for medical malpractice deaths or claims against governmental entities (notice as short as six months). Call us early.
Who can file a wrongful-death claim in Houston, Texas?
The surviving spouse, children, and parents of the person who died. A separate survival claim is filed by the estate for the medical bills, funeral costs, and conscious pain and suffering your loved one experienced before passing. Both claims generally must be filed within two years of the date of death. In a complex case, an 18-wheeler, a Ship Channel industrial accident, the estate and the family often benefit from filing both simultaneously.
No criminal charges were filed, can we still bring a wrongful-death civil case?
Yes. A civil wrongful-death claim requires proof by a preponderance of the evidence, a far lower threshold than a criminal prosecution's 'beyond a reasonable doubt.' Civil cases succeed routinely even when prosecutors decline to charge or when a criminal jury acquits. The two proceedings are completely independent.
Court venue for Houston cases
Personal injury cases arising in Houston are typically filed in Harris County (county seat: Houston), in the District Courts or County Courts at Law. We're familiar with the local procedures and carrier tendencies in this venue.
Getting from Houston to our Houston office
Our Galleria-area office is in the heart of Houston at 2401 Fountain View Dr, Suite 830, minutes from downtown, the Medical Center, and the 610 Loop.
Newman Injury Law
2401 Fountain View Dr, Suite 830
Houston, TX 77057
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