A wrongful death attorney builds and proves a civil case showing that someone else’s carelessness caused a death, then pursues money for the family left behind. The work covers three tasks: finding out what happened, telling you what the law allows you to claim, and forcing the at-fault party to pay. Families pursuing wrongful death claims hire lawyers for that help because insurers rarely volunteer any of it.
Investigating the Cause of Wrongful Death
Evidence comes first. A police report captures only part of what happened, while the driver or company may hold many of the records needed to establish fault. Early investigation focuses on securing evidence from sources that can be difficult to obtain without formal requests:
- Scene photos, dashcam footage, and nearby security video
- Vehicle black box or engine control module downloads
- Employer safety records and maintenance logs
- Autopsy findings and treating physician notes
Some of that proof gets overwritten or destroyed within days or weeks, on whatever retention schedule the business or agency follows. Investigations look different depending on how the death happened. A workplace fall pulls in safety citations, while commercial truck collisions bring in driver logs, dispatch records, and federal hours-of-service rules.
Sorting Out Who Can File and What the Law Allows
Not everyone grieving a death can file a claim. Texas limits who may sue, and getting this wrong can sink a case before it starts.
Under Texas Civil Practice and Remedies Code § 71.004, the action belongs to the surviving spouse, children, and parents of the person who died. Any one of them may file for the benefit of all.
If no eligible family member files within three months of the death, the estate’s executor or administrator must bring the claim unless the family requests otherwise. Siblings, grandparents, and unmarried partners are not eligible. However, adult and adopted children have the same standing as minor and biological children.
A second claim called a survival action frequently runs alongside the first. A survival action belongs to the estate and covers what your loved one went through before dying, including their own medical bills and the pain they felt.
Putting a Dollar Figure on Your Loss
Two categories of damages come into play, both of which belong in a wrongful death lawsuit. One covers money you can add up on paper. The other covers what the loss actually costs your family day-to-day.
Economic Damages
Economic damages replace the financial support your loved one provided. Accountants and economists commonly calculate these figures, since they stretch across the years your family expected to have together:
- Lost wages and benefits over a full working life
- Medical bills from the final injury or illness
- Funeral and burial costs
- Lost inheritance the family reasonably expected
Getting these numbers right takes work most families never see. A projection has to account for raises, retirement contributions, and the years of earning left when the death occurred.
Non-Economic Damages
Non-economic damages address the human side of the loss. No receipt exists for any of it, so proving these claims takes testimony from the people who knew your loved one best:
- Mental anguish suffered by surviving family members
- Loss of companionship and comfort
- Loss of a parent’s guidance and nurturing
- Loss of household services the person handled
Juries in Harris County hear these cases regularly and take the testimony seriously. Cases involving a motorcycle crash or another high-visibility death often turn on how well a family’s daily loss gets explained.
Negotiating and Filing Suit
Wrongful death claims usually settle outside of court. However, the ones that settle well are the ones prepared for trial. A demand package is sent to the insurer with the evidence, the damage calculations, and the legal basis for liability attached. The insurer responds, usually low, and the back-and-forth begins.
Filing a lawsuit changes the leverage. Discovery forces the other side to hand over documents and sit for depositions under oath, which frequently surfaces facts no letter would have produced. Texas gives families two years from the date of death to file a wrongful death claim under Texas Civil Practice and Remedies Code § 16.003, so a wrongful death law firm maps out every deadline from day one rather than waiting on an adjuster.
Some deaths involve highly regulated industries. An aviation accident claim can involve federal investigators, manufacturers, and carriers all at once, which changes both the timeline and who ultimately pays.
FAQ: Answers From a Lawyer for a Wrongful Death Case
How Long Does a Wrongful Death Case Take?
Most cases resolve within a year or two. However, straightforward claims with clear liability may settle within months. Disputed cases headed toward trial take longer, especially when court backlogs or multiple defendants add delays.
What Does It Cost to Hire a Lawyer for a Wrongful Death Case?
Nothing upfront. These cases are handled on a contingency fee basis, so the firm is paid a percentage of the recovery and collects nothing if the claim fails. Case expenses, like expert witness fees, typically come out of the settlement at the end.
Can You Still File If a Criminal Case Is Happening?
Yes. A civil claim runs on its own track and does not wait for prosecutors to finish, since the two cases have different burdens of proof. A criminal conviction can help a civil case. However, an acquittal does not block one.
Who Gets the Money From a Settlement?
The eligible family members split it, and a judge often approves how it is split. Beneficiaries can agree on the division, or the court divides it based on each person’s actual loss. Funds for minor children usually go into a protected account until they turn 18.
What If Your Loved One Was Partly at Fault?
Under Texas Civil Practice and Remedies Code § 33.001, you can still recover, as long as their share of blame was 50% or less. Any award gets reduced by that percentage, so a 20% share of fault trims the recovery by 20%. Insurers push this argument hard, which makes the investigation work matter even more.
Contact the Wrongful Death Attorneys at Mokaram Injury Lawyers
Deadlines and disappearing records do not pause while a family grieves, and the other side’s investigators started working the day it happened. Families across Houston turn to Mokaram Injury Lawyers because our attorneys answer the phone at 2 a.m., treat clients like family, and bring over 30 years of experience to cases like yours. That dedication is what turns a difficult call into a clear next step for your family.
A free case review costs you nothing and gives you a plan. Call 281-222-2222 or contact our firm online to have a lawyer review what happened in your wrongful death case and start protecting your family’s claim today.
Contact Our Personal Injury Lawyers in Houston for a Free Consultation
If you or a loved one was injured in an accident in Houston, Texas, our team is ready to fight for the compensation you deserve. Contact our experienced personal injury attorneys at Mokaram Injury Lawyers and request your free, no-obligation consultation today.
We proudly serve Harris County and its surrounding areas:
Mokaram Injury Lawyers
Address: 2500 W Loop S #450, Houston, TX 77027
Phone: 281-222-2222
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