Wrongful Death in Katy
Katy 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
Common injuries we see in Katy
- 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 Katy 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 Katy 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.
Court venue for Katy cases
Personal injury cases arising in Katy are typically filed in Harris, Fort Bend, and Waller counties (county seat: Houston / Richmond / Hempstead), in the District Courts or County Courts at Law. We're familiar with the local procedures and carrier tendencies in this venue.
Getting from Katy to our Houston office
From Katy, take I-10 East about 25 miles to the Galleria. Exit Voss/Bingle/Wirt, then south to Fountain View.
Newman Injury Law
2401 Fountain View Dr, Suite 830
Houston, TX 77057
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