Houston Wrongful Death Attorney

Board-Certified Trial Lawyers Serving Houston Families

The Law Offices of Jed Silverman handles wrongful death cases for Houston families who have lost a loved one to negligence or misconduct. Our legal team pursues both accountability and financial compensation, walking you through each step of the process with regular updates and clear explanations. From the first call to the resolution of your case, we manage every legal detail so you can focus on your family.

Our wrongful death attorneys in Houston handle the full scope of a claim: investigating the cause of death, identifying at-fault parties, gathering evidence, negotiating with insurance companies, and representing you in court when a fair settlement isn’t on the table.

Our wrongful death services include:

• Investigate the cause of death and identify the at-fault party
• Gather evidence to build a strong wrongful death claim
• Negotiate with insurance companies to seek a fair settlement
• Represent you in court if necessary
• Handle all legal matters so you can focus on healing and grieving

If you’ve lost a loved one due to someone else’s negligence, contact us online or call (713) 597-2221 today for a consultation.

What Constitutes Wrongful Death Under Texas Law?

Under Tex. Civ. Prac. & Rem. Code § 71.002, a wrongful death occurs when a person’s death is caused by a wrongful act, neglect, carelessness, unskillfulness, or default. Both negligence and intentional acts can give rise to a claim; malice isn’t required. Liability can also extend beyond an individual defendant to companies, agencies, proprietors, or owners the individual represents.

Incident types that may qualify for a wrongful death claim include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Violent crimes

Each incident requires a detailed investigation to determine responsible parties and establish the sequence of events that led to the death.

Harris County Civil Courts & Your Wrongful Death Claim

Wrongful death claims filed in Harris County are adjudicated through the Harris County Civil Courts. How a case is presented there, and how negotiations with insurers are positioned before filing, depends directly on knowledge of local court procedures and how local judges interpret Texas wrongful death statutes under the Texas Civil Practice and Remedies Code. We’re well-versed in those procedures, and that familiarity shapes how we build and present your case from the outset.

Who Can File a Wrongful Death Claim in Texas?

Under Tex. Civ. Prac. & Rem. Code § 71.004, the right to file a wrongful death claim belongs to the surviving spouse, children (biological or adopted), and parents of the deceased. Siblings and other extended family members aren’t permitted to file under Texas law. The surviving spouse, children, and parents hold equal standing and may bring the action individually or together on behalf of all eligible beneficiaries.

If no eligible family member files within three months of the death, the executor or administrator of the estate shall bring and prosecute the action on behalf of the eligible beneficiaries, unless all eligible family members specifically request that no action be taken. The estate may also pursue a separate survival action even where wrongful death standing is limited.

Wrongful Death vs. Survival Actions in Texas

A survival action, authorized under Tex. Civ. Prac. & Rem. Code § 71.021, allows the deceased’s heirs, legal representatives, and estate to recover damages for the conscious pain and suffering the deceased experienced before death. That category of loss isn’t available through a standard wrongful death claim. Unlike wrongful death damages, which flow directly to eligible claimants, survival claim damages belong to the decedent’s estate and are distributed among heirs.

To pursue a survival claim, the plaintiff must represent the decedent’s estate. If no estate exists, one may need to be established. Note that the statute of limitations for a survival claim runs from the date of injury or discovery of injury, not from the date of death.

When evidence shows the deceased suffered before dying, a wrongful death claim and a survival action can be filed simultaneously. Filing both can capture the family’s personal losses and the deceased’s pre-death suffering.

Steps in the Wrongful Death Legal Process

We launch a comprehensive investigation to gather all necessary evidence, including police reports, witness testimony, and available video footage. Our team collaborates with forensic experts and accident reconstruction specialists to piece together a detailed picture of the incident.

Insurance companies often move quickly to minimize payouts. Engaging an attorney early helps prevent families from accepting undervalued settlements before the full scope of their losses is documented. Our attorneys can also contact bill collectors to inform them of a pending claim, helping to delay financial pressure during the grieving period.

After evidence collection, we negotiate with insurance companies to reach a settlement covering both economic and non-economic damages. If a satisfactory agreement can’t be reached, our wrongful death attorneys are prepared to take the case to court. Throughout the process, we keep you informed with regular updates and clear explanations at every stage.

Damages Available in a Houston Wrongful Death Claim

A successful wrongful death claim can recover compensation across several categories. We work to document every loss, using financial experts and economists when needed to establish the full value of your claim.

Economic Damages
Economic damages cover the measurable financial losses your family has suffered, including medical and funeral expenses, loss of financial support such as wages, benefits, and future earnings the deceased would have provided, and loss of household services including childcare, housekeeping, and yard maintenance.

Non-Economic Damages
Non-economic damages address losses that don’t carry a price tag: loss of companionship, guidance, and love; mental anguish and grief suffered by surviving family members; and loss of consortium, which compensates a surviving spouse for the loss of the marital relationship. Loss of inheritance may also apply when a death diminishes what surviving family members would have received.

Exemplary (Punitive) Damages
Exemplary damages may be available when the death resulted from fraud, malice, or gross negligence. Under Tex. Civ. Prac. & Rem. Code § 41.003, a jury must agree unanimously to award them. In Texas, punitive damages are generally capped at $200,000 or two times economic damages, whichever is greater, plus non-economic damages not to exceed $750,000. These caps don’t apply in all circumstances; when a wrongful death results from a felony, for example, different rules may govern.

Factors affecting compensation include:

• Severity of final injuries: The nature and extent of your loved one’s final injuries and the associated medical care
• Age and earning capacity: The age, health, and future earning potential of the deceased at the time of death
• Financial dependence: The degree to which surviving family members relied on the deceased for income, benefits, and household services
• Strength of evidence: The quality of documentation, witness testimony, and expert analysis supporting both liability and the value of your losses

How to Prove Wrongful Death in Texas

Proving wrongful death requires establishing four elements: the defendant owed a duty of care to the deceased, the defendant breached that duty, the breach directly caused the death, and the death resulted in compensable damages. Texas applies a preponderance of the evidence standard, meaning the claimant must show it is more likely than not that the defendant’s actions caused the death.

Building a Strong Case
Evidence used to meet that standard includes police reports and crash investigations, medical records and autopsy reports, witness statements, official documentation such as a death certificate, and expert testimony from accident reconstruction professionals and medical specialists. Thorough collection and professional presentation of this evidence are essential to establishing both liability and the full scope of your family’s losses.

Statute of Limitations for Wrongful Death Claims in Texas

Under Tex. Civ. Prac. & Rem. Code § 16.003, the statute of limitations for wrongful death claims in Texas is two years from the date of death. Missing that deadline can permanently forfeit your right to seek compensation. For a survival claim, the deadline runs from the date of injury or discovery of injury, not the date of death.

Two years can feel like a long time, but video footage degrades or gets overwritten, and witness recollections fade quickly. Contacting a wrongful death attorney as early as possible helps protect both your legal rights and the quality of the evidence available to support your claim.

Why Choose The Law Offices of Jed Silverman for Your Wrongful Death Case

Our firm brings a distinct combination of credentials and local knowledge to wrongful death cases in Houston. Team member Tom Rowett holds Board Certification in Personal Injury Trial Law, a credential the Texas Board of Legal Specialization grants only to attorneys who meet rigorous standards of trial experience and peer review. That certification applies directly to wrongful death litigation and signals a depth of civil trial preparation that matters when a case goes to court.

Jed Silverman is a Board Certified Criminal Law Specialist. We handle both civil personal injury and criminal defense, which means we understand how criminal proceedings and civil wrongful death actions intersect when a death results from a violent crime or criminal negligence. When criminal and civil cases run in parallel after a loved one’s death, we’re equipped to navigate both.

We also maintain solid professional relationships with local prosecutors and judges in the Houston area, which supports effective negotiation and courtroom advocacy in the Harris County Civil Courts. When you work with us, you engage directly with skilled attorneys, not case managers. We handle your case on a contingency fee basis: no fees are collected unless compensation is recovered.

Frequently Asked Questions

What Is the First Step in Filing a Wrongful Death Lawsuit?

Securing legal representation is the first step. A wrongful death attorney can evaluate the merits of your case, gather initial facts, and determine whether a viable claim exists. We conduct a thorough initial consultation to understand your situation and outline the steps forward, including collecting critical documents like death certificates and witness reports.

How Are Wrongful Death Settlements Calculated?

Settlements are calculated by considering the financial contributions the deceased would have provided, their income potential, the dependency level of survivors, and non-economic losses such as loss of companionship and mental anguish. Our team documents these factors carefully, often working with financial experts and economists to support the full value of your claim.

Can a Sibling File a Wrongful Death Claim in Texas?

In Texas, siblings aren’t eligible to file a wrongful death claim. That right is limited to the deceased’s spouse, children, and parents under Tex. Civ. Prac. & Rem. Code § 71.004. If all eligible parties are deceased, the estate executor may be able to take action. Consult with an attorney to understand the options available in your situation.

What If the Wrongful Death Resulted from a Crime?

Civil and criminal proceedings are separate, but evidence gathered in a criminal trial can support a civil wrongful death claim. A civil lawsuit can be filed even if a criminal case is pending or if the accused is acquitted. Because we handle both civil personal injury and criminal defense, we understand how these parallel proceedings interact and how to pursue accountability on both fronts.

How Long Does a Wrongful Death Case Take?

Case duration varies based on complexity, the willingness of parties to settle, and court scheduling in Harris County. Some cases resolve in months; others take years. We maintain open communication throughout, providing updates and guidance as the case progresses while working to protect your family’s rights at every stage.

Compassionate Legal Support During Difficult Times

Losing a loved one to a wrongful death is a devastating experience, and no family should have to navigate the legal system alone. Our attorneys work to hold responsible parties accountable while keeping you informed and empowered throughout the process. We handle each case with care and dedication, developing personalized strategies tailored to your family’s specific circumstances so your voice is heard at every stage.

Get the Representation You Need with Our Houston Wrongful Death Lawyers

Pursuing justice shouldn’t add to your burden. Our wrongful death lawyers in Houston work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. Our dedication to our clients is unwavering, and we bring the credentials, local court knowledge, and cross-disciplinary experience to pursue every category of loss your family has suffered.

Contact us online or call (713) 597-2221 today to discuss your wrongful death case. We’re here to support your family and pursue the accountability your loved one deserves.