Wrongful Death in Tomball
Tomball 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 Tomball
- 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 Tomball 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 Tomball 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 Tomball cases
Personal injury cases arising in Tomball are typically filed in Harris and Montgomery counties (county seat: Houston / Conroe), in the District Courts or County Courts at Law. We're familiar with the local procedures and carrier tendencies in this venue.
Getting from Tomball to our Houston office
From Tomball, take Highway 249 South / Tomball Tollway to Beltway 8 East, then US-59 South, then West Loop 610 North to Westheimer.
Newman Injury Law
2401 Fountain View Dr, Suite 830
Houston, TX 77057
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