Houston Wrongful Death Lawyer: Seeking Justice for Fatal Accidents

Have you lost a loved one in a fatal accident caused by another's negligence? The grief and trauma of such a loss are immeasurable, and the legal complexities that follow can be overwhelming. In these moments, you need more than just a lawyer; you need a stable anchor and a strategic advocate. If you are searching for a Houston wrongful death lawyer, you are seeking a partner to help you navigate this difficult journey and secure the justice your family deserves.

The Demerson Firm keeps its caseload small on purpose. Every wrongful death matter here gets the investigation, the expert work, and the direct attorney attention it requires — you will know who is handling your file, and you will be able to reach that person. Our goal is to provide clarity in the midst of chaos and to pursue the full measure of what Texas law allows your family to recover.

Key Takeaways

• A wrongful death claim in Texas allows surviving family members to seek compensation for their losses.

• The statute of limitations for filing a wrongful death lawsuit in Texas is generally two years from the date of the decedent's death.

• Calculating the true value of a wrongful death claim involves both economic and non-economic damages, including lost earning capacity and emotional distress.

• The Demerson Firm handles wrongful death cases on a contingency fee basis. We advance the costs of litigation and are reimbursed out of any recovery. If there is no recovery, you owe us nothing — not our fee, and not those expenses.

• Ask any firm you are considering how many cases the handling attorney carries at one time, who will actually work your file, and how often you can expect to hear from them.

By the Numbers: Legal Realities in Texas

• 2 Years: The standard statute of limitations for wrongful death claims in Texas, under Tex. Civ. Prac. & Rem. Code § 16.003(b).

• 50%: Under Tex. Civ. Prac. & Rem. Code § 33.001, a claimant whose share of responsibility is greater than 50% recovers nothing. At 50% or less, the recovery is reduced by that percentage.

Understanding Wrongful Death Claims in Houston

A wrongful death claim in Houston is a civil legal action brought by surviving family members to seek financial compensation when a loved one dies due to the negligence or wrongful act of another party. These claims are governed by the Texas Civil Practice and Remedies Code, allowing families to hold responsible parties accountable for their actions and the resulting loss.

A wrongful death occurs when a person's death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another. In a city as large and busy as Houston, the unfortunate reality is that fatal accidents are all too common. When such a tragedy strikes, a Houston wrongful death lawyer can help surviving family members hold the responsible parties accountable through the rigorous application of Texas Personal Injury law.

Who Can File a Wrongful Death Claim?

In Texas, not just anyone can file a wrongful death lawsuit. The law specifies that the surviving spouse, children, and parents of the deceased are the primary individuals who can bring a claim. If none of these individuals file a claim within three months of the death, the executor or administrator of the decedent's estate can file the lawsuit unless requested not to by the family. This process requires a steady hand and an understanding of Houston Car Accident Law if the death resulted from a collision.

One point that surprises many families: Tex. Civ. Prac. & Rem. Code § 71.004 limits wrongful death claims to the surviving spouse, children, and parents of the deceased — and no one else. Siblings cannot bring a Texas wrongful death claim, and neither can grandparents, nieces, nephews, or a fiancé, no matter how close the relationship was. Adopted children count as children; a stepparent who never adopted does not count as a parent. If none of the eligible family members has filed within three calendar months of the death, § 71.004(c) allows the executor or administrator of the estate to bring the action, unless all of the eligible family members ask that it not be filed.

Common Causes of Wrongful Death

Wrongful death can result from a variety of circumstances. Some of the most common causes include car accidents, truck accidents, workplace accidents, medical malpractice, and defective products. Regardless of the cause, if another party's negligence led to your loved one's death, you may have grounds for a wrongful death claim. A skilled Houston wrongful death lawyer can help you determine the viability of your case.

The Legal Framework for Wrongful Death in Texas

The legal framework for Texas wrongful death is established under Chapter 71 of the Civil Practice and Remedies Code — § 71.002 sets out when a person is liable, § 71.004 identifies who may recover, and § 71.009 permits exemplary damages where the death resulted from a wilful act or omission or gross negligence. Chapter 71 defines who can sue and what damages are recoverable, and it operates alongside a strict two-year statute of limitations. This framework balances the rights of survivors with the principles of modified comparative fault, necessitating a highly disciplined and strategic legal approach.

Texas law provides a specific legal framework for wrongful death claims, outlined in Chapter 71 of the Texas Civil Practice and Remedies Code. This framework establishes who can file a claim, what damages can be recovered, and the time limits for taking legal action. Navigating this complex legal landscape requires the expertise of a seasoned Houston wrongful death lawyer. At The Demerson Firm, we focus on providing this expertise within the broader context of Texas Personal Injury litigation.

Texas's Modified Comparative Fault Rule

Texas follows a modified comparative fault rule, often called the 51% bar. Under Tex. Civ. Prac. & Rem. Code § 33.001, if the deceased person's share of responsibility for the accident is greater than 50%, the family recovers nothing. If the deceased is 50% or less at fault, the family's recovery is reduced by that percentage. This is a critical aspect of any wrongful death case, and a thorough investigation is necessary to establish the defendant's liability.

The Importance of a Thorough Investigation

A successful wrongful death claim hinges on a meticulous investigation to gather evidence and build a strong case. This includes collecting police reports, interviewing witnesses, consulting with accident reconstruction experts, and obtaining medical records. The Demerson Firm's commitment to thorough preparation means we leave no stone unturned in our pursuit of justice for your family. We understand that a comprehensive investigation is the foundation of a strategy built around your family's specific circumstances.

The Strategic Advantage of Boutique Representation

Boutique representation at The Demerson Firm means a small caseload and direct attorney involvement in every file. That focused approach ensures that every nuance of a Houston personal injury claim is explored, with the attention to detail these cases require for a grieving family.

When seeking a Houston wrongful death lawyer, the question worth asking is how much individual attention your case will actually receive. At The Demerson Firm, we keep the caseload small so the handling attorney knows the file, knows the family, and has the time to prepare it properly within the framework of Houston Car Accident Law.

What a Small Caseload Actually Buys You

Case volume changes how a law firm works. When a lawyer is carrying hundreds of files at once, the time available for any one of them is limited, and that shows up in how quickly a case is investigated and how thoroughly it is prepared for trial. We built this firm the other way: fewer cases, more preparation per case, and a client who can pick up the phone and reach the lawyer actually handling the matter. You are not just a number at The Demerson Firm; you are a family we are fighting for.

A Strategy Built Around Your Family

At The Demerson Firm, we believe that every case is unique and deserves a strategy built around its specific circumstances. We take the time to understand the details of your situation, your family's needs, and your goals. Our thorough preparation and meticulous care mean we develop a comprehensive legal strategy aimed at the best outcome available on your facts. We are your stable anchor in the storm, providing clarity and unwavering support throughout the Texas Personal Injury claims process.

Calculating the True Value of Your Claim

Calculating the true value of a wrongful death claim involves a comprehensive assessment of both economic losses, like lost future earnings and medical bills, and non-economic damages, such as the loss of companionship and emotional distress. Accurate valuation requires expert economic testimony and a deep understanding of the evolving standards in Texas personal injury law.

One of the most critical roles of a Houston wrongful death lawyer is to accurately calculate the true value of your claim. This is a complex process that involves both economic and non-economic damages. It is essential to account for all of your family's losses so that nothing you lost is left out of the claim.

Economic vs. Non-Economic Damages

Economic damages are the tangible financial losses resulting from your loved one's death. This includes lost earning capacity, loss of inheritance, and medical and funeral expenses. Non-economic damages are the intangible losses, such as mental anguish, loss of companionship, and emotional distress. Calculating these damages requires a deep understanding of the law and the ability to present a compelling case to a judge or jury.

Exemplary Damages

Where a death is caused by a wilful act or omission or by gross negligence, Tex. Civ. Prac. & Rem. Code § 71.009 permits recovery of exemplary damages in addition to actual damages. These are not available in every case, and Texas law imposes statutory caps and a heightened evidentiary burden on them. But in cases involving a drunk driver, a trucking company that ignored known safety violations, or a property owner who disregarded an obvious danger, exemplary damages can be a meaningful part of what a family recovers.

The 2-Year Statute of Limitations

It is crucial to be aware of the statute of limitations for wrongful death claims in Texas. Under Texas Civil Practice and Remedies Code § 16.003(b), you generally have two years from the date of your loved one's death to file a lawsuit. If you fail to file within this timeframe, you will likely lose your right to seek compensation. Shorter deadlines can also apply: a claim against a city, county, transit authority, or other governmental unit requires written notice well before the two-year mark, and missing that notice deadline can end the claim while you still believe you have time. This is why it is so important to contact a Houston wrongful death lawyer as soon as possible.

Partnering with The Demerson Firm

Partnering with The Demerson Firm means securing an advocate committed to a client-first philosophy and a contingency fee model in which our fee is a percentage of any recovery. We advance the costs of litigation and are reimbursed out of any recovery; if there is no recovery, you owe us nothing for either our fee or those expenses. Our firm prioritizes clarity and stability, guiding families through the complex intersection of Houston car accident law and wrongful death litigation with unwavering professional integrity.

Choosing the right legal partner is one of the most important decisions you will make after losing a loved one. At The Demerson Firm, we are committed to providing our clients with the highest level of legal representation and personal support. Our client-first philosophy and contingency fee model are designed to give you peace of mind and the confidence that we are always acting in your best interests in the realm of Texas Personal Injury.

Our Contingency Fee Model

We understand that the last thing you need to worry about after a tragedy is how to afford a lawyer. That is why we handle wrongful death cases on a contingency fee basis. Our fee is a percentage of any recovery, so our interests are directly aligned with yours. We also advance the costs of litigation — filing fees, records, expert witnesses, deposition costs — and are reimbursed for them out of any recovery. If there is no recovery, you owe us nothing for either our fee or those expenses. Every fee arrangement is set out in a written agreement you review and sign before we begin work.

A Client-First Philosophy

Our commitment to our clients goes beyond the courtroom. We provide a supportive and compassionate environment where you can feel comfortable asking questions and expressing your concerns. We are here to provide clarity and guidance every step of the way. When you partner with The Demerson Firm, you are not just hiring a Houston wrongful death lawyer; you are gaining a dedicated advocate for your family. To learn more about the firm, read about The Demerson Firm.

Conclusion

The loss of a loved one is a devastating experience, and the legal process that follows can be daunting. You do not have to face it alone. The Demerson Firm is here to provide the sophisticated, authoritative, and meticulous legal representation you need to seek justice and secure your family's future. If you are ready to take the first step, we invite you to schedule a free consultation with an experienced Houston wrongful death lawyer today. Let us be your advocate and your anchor in this difficult time.

Frequently Asked Questions

What is the average settlement for a wrongful death lawsuit in Texas?

There is no "average" settlement, because no two cases are alike. What a particular case is worth depends on facts specific to that case — the decedent's age and earning capacity, the strength of the liability evidence, the insurance coverage actually available, and the losses the surviving family can prove. No lawyer can tell you what your case is worth without reviewing those facts, and any lawyer who quotes you a number before doing so is guessing.

How long does a wrongful death lawsuit take in Houston?

A wrongful death lawsuit can take anywhere from 18 months to 3 years to resolve, depending on the complexity of the case and whether it goes to trial. A case with clear evidence and a willing-to-settle insurance company might resolve in under a year, while a complex medical malpractice case could take over 4 years.

What percentage do most wrongful death lawyers take?

Most wrongful death lawyers in Texas work on a contingency fee basis, with fees commonly falling somewhere between one-third and forty percent of the recovery. The specific percentage varies by firm and by the stage at which a case resolves. At The Demerson Firm, our fee is set out in a written agreement you review and sign before we begin work, and we will walk you through it line by line. We advance the costs of litigation and are reimbursed out of any recovery; if there is no recovery, you owe us nothing for either our fee or those expenses.

Can I file a wrongful death claim if my loved one was partially at fault?

Yes, as long as your loved one's share of responsibility was not greater than 50%. Under Texas's modified comparative fault rule, Tex. Civ. Prac. & Rem. Code § 33.001, your family's recovery is reduced by your loved one's percentage of fault — if your loved one is found 20% responsible, the recovery is reduced by 20%. If that share exceeds 50%, the family recovers nothing, which is why establishing the other party's responsibility is often the most important work in the case.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim, brought under Tex. Civ. Prac. & Rem. Code § 71.004, compensates the surviving family members for their own losses, such as loss of companionship and financial support. A survival action, brought under § 71.021, is filed on behalf of the deceased's estate to recover damages the deceased could have claimed had they survived — conscious pain and suffering, and medical expenses incurred before death. The two are frequently filed together in the same lawsuit.

Do I have to go to court for a wrongful death claim?

Not necessarily. Many wrongful death cases are settled out of court through negotiations with the at-fault party's insurance company. However, if a fair settlement cannot be reached, a lawsuit may need to be filed, and the case could proceed to trial. An experienced Houston wrongful death lawyer will be prepared for either scenario.

How can a Houston wrongful death lawyer help me?

A Houston wrongful death lawyer can handle all aspects of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and representing you in court. They can also help you understand your legal rights and options, and provide the support and guidance you need during this difficult time.

What should I look for when hiring a Houston wrongful death lawyer?

Look for a lawyer with real experience in wrongful death cases and a client-first philosophy, and choose someone you feel comfortable with and trust to handle your case with the care it deserves. Three practical questions are worth asking any firm you are considering: how many cases does the handling attorney carry at one time, who will actually be working your file, and how often can you expect to hear from them? The answers will tell you a great deal.

Schedule Your Free Consultation

Call (346) 344-2007 or visit demersonlegal.com. The Demerson Firm, PLLC, 8323 SW Freeway, Ste. 415, Houston, TX 77074.

This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Demerson Firm, PLLC. Texas law changes, and the outcome of any case depends on its specific facts. If you have lost a family member and believe someone else was responsible, speak with a licensed Texas attorney about your particular situation before the two-year deadline runs.

Have you lost a loved one in a fatal accident caused by another's negligence? The grief and trauma of such a loss are immeasurable, and the legal complexities that follow can be overwhelming. In these moments, you need more than just a lawyer; you need a stable anchor and a strategic advocate. If you are searching for a Houston wrongful death lawyer, you are seeking a partner to help you navigate this difficult journey and secure the justice your family deserves.

The Demerson Firm keeps its caseload small on purpose. Every wrongful death matter here gets the investigation, the expert work, and the direct attorney attention it requires — you will know who is handling your file, and you will be able to reach that person. Our goal is to provide clarity in the midst of chaos and to pursue the full measure of what Texas law allows your family to recover.

Key Takeaways

• A wrongful death claim in Texas allows surviving family members to seek compensation for their losses.

• The statute of limitations for filing a wrongful death lawsuit in Texas is generally two years from the date of the decedent's death.

• Calculating the true value of a wrongful death claim involves both economic and non-economic damages, including lost earning capacity and emotional distress.

• The Demerson Firm handles wrongful death cases on a contingency fee basis. We advance the costs of litigation and are reimbursed out of any recovery. If there is no recovery, you owe us nothing — not our fee, and not those expenses.

• Ask any firm you are considering how many cases the handling attorney carries at one time, who will actually work your file, and how often you can expect to hear from them.

By the Numbers: Legal Realities in Texas

• 2 Years: The standard statute of limitations for wrongful death claims in Texas, under Tex. Civ. Prac. & Rem. Code § 16.003(b).

• 50%: Under Tex. Civ. Prac. & Rem. Code § 33.001, a claimant whose share of responsibility is greater than 50% recovers nothing. At 50% or less, the recovery is reduced by that percentage.

Understanding Wrongful Death Claims in Houston

A wrongful death claim in Houston is a civil legal action brought by surviving family members to seek financial compensation when a loved one dies due to the negligence or wrongful act of another party. These claims are governed by the Texas Civil Practice and Remedies Code, allowing families to hold responsible parties accountable for their actions and the resulting loss.

A wrongful death occurs when a person's death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another. In a city as large and busy as Houston, the unfortunate reality is that fatal accidents are all too common. When such a tragedy strikes, a Houston wrongful death lawyer can help surviving family members hold the responsible parties accountable through the rigorous application of Texas Personal Injury law.

Who Can File a Wrongful Death Claim?

In Texas, not just anyone can file a wrongful death lawsuit. The law specifies that the surviving spouse, children, and parents of the deceased are the primary individuals who can bring a claim. If none of these individuals file a claim within three months of the death, the executor or administrator of the decedent's estate can file the lawsuit unless requested not to by the family. This process requires a steady hand and an understanding of Houston Car Accident Law if the death resulted from a collision.

One point that surprises many families: Tex. Civ. Prac. & Rem. Code § 71.004 limits wrongful death claims to the surviving spouse, children, and parents of the deceased — and no one else. Siblings cannot bring a Texas wrongful death claim, and neither can grandparents, nieces, nephews, or a fiancé, no matter how close the relationship was. Adopted children count as children; a stepparent who never adopted does not count as a parent. If none of the eligible family members has filed within three calendar months of the death, § 71.004(c) allows the executor or administrator of the estate to bring the action, unless all of the eligible family members ask that it not be filed.

Common Causes of Wrongful Death

Wrongful death can result from a variety of circumstances. Some of the most common causes include car accidents, truck accidents, workplace accidents, medical malpractice, and defective products. Regardless of the cause, if another party's negligence led to your loved one's death, you may have grounds for a wrongful death claim. A skilled Houston wrongful death lawyer can help you determine the viability of your case.

The Legal Framework for Wrongful Death in Texas

The legal framework for Texas wrongful death is established under Chapter 71 of the Civil Practice and Remedies Code — § 71.002 sets out when a person is liable, § 71.004 identifies who may recover, and § 71.009 permits exemplary damages where the death resulted from a wilful act or omission or gross negligence. Chapter 71 defines who can sue and what damages are recoverable, and it operates alongside a strict two-year statute of limitations. This framework balances the rights of survivors with the principles of modified comparative fault, necessitating a highly disciplined and strategic legal approach.

Texas law provides a specific legal framework for wrongful death claims, outlined in Chapter 71 of the Texas Civil Practice and Remedies Code. This framework establishes who can file a claim, what damages can be recovered, and the time limits for taking legal action. Navigating this complex legal landscape requires the expertise of a seasoned Houston wrongful death lawyer. At The Demerson Firm, we focus on providing this expertise within the broader context of Texas Personal Injury litigation.

Texas's Modified Comparative Fault Rule

Texas follows a modified comparative fault rule, often called the 51% bar. Under Tex. Civ. Prac. & Rem. Code § 33.001, if the deceased person's share of responsibility for the accident is greater than 50%, the family recovers nothing. If the deceased is 50% or less at fault, the family's recovery is reduced by that percentage. This is a critical aspect of any wrongful death case, and a thorough investigation is necessary to establish the defendant's liability.

The Importance of a Thorough Investigation

A successful wrongful death claim hinges on a meticulous investigation to gather evidence and build a strong case. This includes collecting police reports, interviewing witnesses, consulting with accident reconstruction experts, and obtaining medical records. The Demerson Firm's commitment to thorough preparation means we leave no stone unturned in our pursuit of justice for your family. We understand that a comprehensive investigation is the foundation of a strategy built around your family's specific circumstances.

The Strategic Advantage of Boutique Representation

Boutique representation at The Demerson Firm means a small caseload and direct attorney involvement in every file. That focused approach ensures that every nuance of a Houston personal injury claim is explored, with the attention to detail these cases require for a grieving family.

When seeking a Houston wrongful death lawyer, the question worth asking is how much individual attention your case will actually receive. At The Demerson Firm, we keep the caseload small so the handling attorney knows the file, knows the family, and has the time to prepare it properly within the framework of Houston Car Accident Law.

What a Small Caseload Actually Buys You

Case volume changes how a law firm works. When a lawyer is carrying hundreds of files at once, the time available for any one of them is limited, and that shows up in how quickly a case is investigated and how thoroughly it is prepared for trial. We built this firm the other way: fewer cases, more preparation per case, and a client who can pick up the phone and reach the lawyer actually handling the matter. You are not just a number at The Demerson Firm; you are a family we are fighting for.

A Strategy Built Around Your Family

At The Demerson Firm, we believe that every case is unique and deserves a strategy built around its specific circumstances. We take the time to understand the details of your situation, your family's needs, and your goals. Our thorough preparation and meticulous care mean we develop a comprehensive legal strategy aimed at the best outcome available on your facts. We are your stable anchor in the storm, providing clarity and unwavering support throughout the Texas Personal Injury claims process.

Calculating the True Value of Your Claim

Calculating the true value of a wrongful death claim involves a comprehensive assessment of both economic losses, like lost future earnings and medical bills, and non-economic damages, such as the loss of companionship and emotional distress. Accurate valuation requires expert economic testimony and a deep understanding of the evolving standards in Texas personal injury law.

One of the most critical roles of a Houston wrongful death lawyer is to accurately calculate the true value of your claim. This is a complex process that involves both economic and non-economic damages. It is essential to account for all of your family's losses so that nothing you lost is left out of the claim.

Economic vs. Non-Economic Damages

Economic damages are the tangible financial losses resulting from your loved one's death. This includes lost earning capacity, loss of inheritance, and medical and funeral expenses. Non-economic damages are the intangible losses, such as mental anguish, loss of companionship, and emotional distress. Calculating these damages requires a deep understanding of the law and the ability to present a compelling case to a judge or jury.

Exemplary Damages

Where a death is caused by a wilful act or omission or by gross negligence, Tex. Civ. Prac. & Rem. Code § 71.009 permits recovery of exemplary damages in addition to actual damages. These are not available in every case, and Texas law imposes statutory caps and a heightened evidentiary burden on them. But in cases involving a drunk driver, a trucking company that ignored known safety violations, or a property owner who disregarded an obvious danger, exemplary damages can be a meaningful part of what a family recovers.

The 2-Year Statute of Limitations

It is crucial to be aware of the statute of limitations for wrongful death claims in Texas. Under Texas Civil Practice and Remedies Code § 16.003(b), you generally have two years from the date of your loved one's death to file a lawsuit. If you fail to file within this timeframe, you will likely lose your right to seek compensation. Shorter deadlines can also apply: a claim against a city, county, transit authority, or other governmental unit requires written notice well before the two-year mark, and missing that notice deadline can end the claim while you still believe you have time. This is why it is so important to contact a Houston wrongful death lawyer as soon as possible.

Partnering with The Demerson Firm

Partnering with The Demerson Firm means securing an advocate committed to a client-first philosophy and a contingency fee model in which our fee is a percentage of any recovery. We advance the costs of litigation and are reimbursed out of any recovery; if there is no recovery, you owe us nothing for either our fee or those expenses. Our firm prioritizes clarity and stability, guiding families through the complex intersection of Houston car accident law and wrongful death litigation with unwavering professional integrity.

Choosing the right legal partner is one of the most important decisions you will make after losing a loved one. At The Demerson Firm, we are committed to providing our clients with the highest level of legal representation and personal support. Our client-first philosophy and contingency fee model are designed to give you peace of mind and the confidence that we are always acting in your best interests in the realm of Texas Personal Injury.

Our Contingency Fee Model

We understand that the last thing you need to worry about after a tragedy is how to afford a lawyer. That is why we handle wrongful death cases on a contingency fee basis. Our fee is a percentage of any recovery, so our interests are directly aligned with yours. We also advance the costs of litigation — filing fees, records, expert witnesses, deposition costs — and are reimbursed for them out of any recovery. If there is no recovery, you owe us nothing for either our fee or those expenses. Every fee arrangement is set out in a written agreement you review and sign before we begin work.

A Client-First Philosophy

Our commitment to our clients goes beyond the courtroom. We provide a supportive and compassionate environment where you can feel comfortable asking questions and expressing your concerns. We are here to provide clarity and guidance every step of the way. When you partner with The Demerson Firm, you are not just hiring a Houston wrongful death lawyer; you are gaining a dedicated advocate for your family. To learn more about the firm, read about The Demerson Firm.

Conclusion

The loss of a loved one is a devastating experience, and the legal process that follows can be daunting. You do not have to face it alone. The Demerson Firm is here to provide the sophisticated, authoritative, and meticulous legal representation you need to seek justice and secure your family's future. If you are ready to take the first step, we invite you to schedule a free consultation with an experienced Houston wrongful death lawyer today. Let us be your advocate and your anchor in this difficult time.

Frequently Asked Questions

What is the average settlement for a wrongful death lawsuit in Texas?

There is no "average" settlement, because no two cases are alike. What a particular case is worth depends on facts specific to that case — the decedent's age and earning capacity, the strength of the liability evidence, the insurance coverage actually available, and the losses the surviving family can prove. No lawyer can tell you what your case is worth without reviewing those facts, and any lawyer who quotes you a number before doing so is guessing.

How long does a wrongful death lawsuit take in Houston?

A wrongful death lawsuit can take anywhere from 18 months to 3 years to resolve, depending on the complexity of the case and whether it goes to trial. A case with clear evidence and a willing-to-settle insurance company might resolve in under a year, while a complex medical malpractice case could take over 4 years.

What percentage do most wrongful death lawyers take?

Most wrongful death lawyers in Texas work on a contingency fee basis, with fees commonly falling somewhere between one-third and forty percent of the recovery. The specific percentage varies by firm and by the stage at which a case resolves. At The Demerson Firm, our fee is set out in a written agreement you review and sign before we begin work, and we will walk you through it line by line. We advance the costs of litigation and are reimbursed out of any recovery; if there is no recovery, you owe us nothing for either our fee or those expenses.

Can I file a wrongful death claim if my loved one was partially at fault?

Yes, as long as your loved one's share of responsibility was not greater than 50%. Under Texas's modified comparative fault rule, Tex. Civ. Prac. & Rem. Code § 33.001, your family's recovery is reduced by your loved one's percentage of fault — if your loved one is found 20% responsible, the recovery is reduced by 20%. If that share exceeds 50%, the family recovers nothing, which is why establishing the other party's responsibility is often the most important work in the case.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim, brought under Tex. Civ. Prac. & Rem. Code § 71.004, compensates the surviving family members for their own losses, such as loss of companionship and financial support. A survival action, brought under § 71.021, is filed on behalf of the deceased's estate to recover damages the deceased could have claimed had they survived — conscious pain and suffering, and medical expenses incurred before death. The two are frequently filed together in the same lawsuit.

Do I have to go to court for a wrongful death claim?

Not necessarily. Many wrongful death cases are settled out of court through negotiations with the at-fault party's insurance company. However, if a fair settlement cannot be reached, a lawsuit may need to be filed, and the case could proceed to trial. An experienced Houston wrongful death lawyer will be prepared for either scenario.

How can a Houston wrongful death lawyer help me?

A Houston wrongful death lawyer can handle all aspects of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and representing you in court. They can also help you understand your legal rights and options, and provide the support and guidance you need during this difficult time.

What should I look for when hiring a Houston wrongful death lawyer?

Look for a lawyer with real experience in wrongful death cases and a client-first philosophy, and choose someone you feel comfortable with and trust to handle your case with the care it deserves. Three practical questions are worth asking any firm you are considering: how many cases does the handling attorney carry at one time, who will actually be working your file, and how often can you expect to hear from them? The answers will tell you a great deal.

Schedule Your Free Consultation

Call (346) 344-2007 or visit demersonlegal.com. The Demerson Firm, PLLC, 8323 SW Freeway, Ste. 415, Houston, TX 77074.

This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Demerson Firm, PLLC. Texas law changes, and the outcome of any case depends on its specific facts. If you have lost a family member and believe someone else was responsible, speak with a licensed Texas attorney about your particular situation before the two-year deadline runs.