Helping injured families understand their rights and pursue fair compensation.
If you have lost a family member due to another party’s negligence in Houston, an attorney can help you pursue a wrongful death claim against the responsible parties. Texas wrongful death law allows surviving spouses, children, and parents to seek compensation for the financial and personal losses caused by the death.
Greenberg Streich Injury Lawyers represents families who have lost loved ones due to negligence throughout Texas. Our attorneys bring more than two decades of combined trial experience to wrongful death litigation and handle these cases on a contingency fee basis. If you need a Houston, TX wrongful death lawyer, contact our firm for a free consultation.
Wrongful Death Lawyer Houston, TX
A wrongful death lawyer represents the surviving family members of a person who was killed through another party’s negligence, recklessness, or intentional conduct. The claim belongs to the family, not to the estate, and Texas law limits who can bring it. Only the deceased person’s surviving spouse, children, and parents have standing to file a wrongful death action.
A separate but related claim, called a survival action, may be filed by the personal representative of the deceased person’s estate. The survival action recovers damages that the deceased person could have pursued if they had survived, including pain and suffering experienced before death. Understanding the distinction between these two claims and pursuing both when appropriate can significantly affect the total recovery.
Harris County recorded 579 traffic fatalities in 2024, more than any other county in Texas. Motor vehicle crashes are the leading cause of wrongful death claims in the Houston area, but workplace accidents, industrial incidents, medical errors, and defective products also produce a significant volume of wrongful death litigation each year.
Types of Wrongful Death Cases We Handle in Houston
A wrongful death claim can arise from any incident where another party’s negligence caused a fatal injury. The accident type determines which parties are liable, what evidence is needed, and how the damages are calculated.
At Greenberg Streich Injury Lawyers, we handle wrongful death cases arising from the following:
- Car accidents. Motor vehicle crashes are the most common cause of wrongful death in Texas. Houston recorded over 300 traffic fatalities in 2024 alone. Rear-end collisions, intersection crashes, highway pileups, and drunk driving accidents all produce fatal outcomes.
- Truck accidents. The weight of a loaded commercial truck produces collision forces that passenger vehicles are not designed to withstand. Seventy-two percent of fatalities in large truck crashes are occupants of the other vehicle, not the truck.
- Motorcycle accidents. Motorcycle riders face a fatality rate roughly 22 times higher per mile traveled than passenger car occupants. Left-turn collisions, where a driver turns in front of an oncoming motorcycle, are the leading cause of fatal motorcycle crashes.
- Oilfield injuries. The oil and gas extraction industry carries a fatality rate seven times the national average. Blowouts, equipment failures, pipeline explosions, and H2S exposure cause fatal injuries on well sites and in production operations across Texas.
- Refinery accidents. Explosions, chemical releases, and fires at petrochemical facilities along the Houston Ship Channel produce fatal burn injuries during both normal operations and turnaround maintenance periods.
- Workplace accidents. Texas led the nation with 58 workplace fatalities reported to OSHA in 2024. Falls, struck-by incidents, and equipment malfunctions are the leading causes of on-the-job deaths.
- Maritime injuries. Workers killed aboard vessels, on offshore platforms, or at port facilities may be covered by the Jones Act, the Death on the High Seas Act, or general maritime law. The applicable statute determines what damages the family can recover.
- Defective products. When a defective vehicle component, medical device, consumer product, or piece of industrial equipment causes a death, the manufacturer and other parties in the chain of distribution may be held liable.
- Medical malpractice. Surgical errors, misdiagnosis, medication errors, and failures to diagnose life-threatening conditions cause preventable deaths. Medical malpractice wrongful death claims in Texas are subject to specific procedural requirements, including a qualified medical opinion before suit can be filed.
Why Choose Greenberg Streich Injury Lawyers as My Wrongful Death Lawyer in Houston, TX?
A Record of Results in the Most Serious Cases
Wrongful death cases are among the highest-stakes matters in personal injury litigation. The stakes for the family are not just financial. They involve accountability for the loss of someone who cannot speak for themselves.
Matt Greenberg has served as lead trial counsel in cases that produced record-setting verdicts and settlements in wrongful death and catastrophic injury litigation. He holds a J.D. from Baylor Law School, is licensed in Texas, Louisiana, and Arizona, and has been recognized by Super Lawyers, Lawdragon, and the National Trial Lawyers.
Mike Streich graduated cum laude from the UH Law Center and spent nearly a decade defending corporations and insurance syndicates, including Lloyd’s of London, in catastrophic injury and death cases. He knows how defendants evaluate wrongful death claims because he used to build those defense strategies. He has been named a Texas Rising Star by Super Lawyers in multiple years.
Together, our attorneys have recovered over $375 million for injured clients, including a $37.5 million wrongful death recovery, a $35 million truck accident wrongful death settlement, and an $11 million wrongful death recovery. As your personal injury lawyer in Houston, our firm handles every wrongful death case on a contingency fee basis. You pay nothing unless we obtain a recovery.
What Is Important to Understand About a Wrongful Death Case?
Damages, Liability, and Compensation for Wrongful Death Cases
Texas wrongful death law provides two separate paths to recovery: the wrongful death action, filed by the surviving spouse, children, or parents, and the survival action, filed by the estate’s personal representative. Each claim addresses different categories of damages, and pursuing both when applicable maximizes the total recovery for the family.
Wrongful death damages include:
- Loss of financial support that the deceased would have provided to the family over their remaining working life
- Loss of companionship, comfort, and guidance
- Mental anguish experienced by the surviving spouse, children, and parents
- Loss of inheritance
- Funeral and burial expenses
Survival action damages include:
- Pain and suffering experienced by the deceased person between the time of injury and the time of death
- Medical expenses incurred before death
- Lost earning capacity from the date of injury to the date of death
Liability in wrongful death cases follows the same negligence framework as other personal injury claims. The surviving family must prove that the defendant owed a duty of care, breached that duty, and that the breach caused the death. Texas comparative negligence reduces the recovery by the deceased person’s share of fault, and bars recovery entirely if the deceased’s fault exceeds 50 percent.
What Are Important Aspects of a Wrongful Death Case?
Wrongful death cases carry procedural and evidentiary issues that require early attention from the family’s attorney.
- Standing is limited by statute. Only the deceased person’s surviving spouse, children, and parents can bring the wrongful death action. Siblings, grandparents, and other relatives do not have standing under Texas law unless no eligible claimant exists. If no eligible family member files within three months of the death, the estate’s personal representative can file on behalf of the family.
- The two-year deadline is firm. Texas imposes a two-year statute of limitations measured from the date of death, not the date of injury. Missing this deadline eliminates the family’s right to pursue the claim.
- Evidence must be preserved quickly. In cases involving vehicle crashes, workplace incidents, or industrial accidents, physical evidence at the scene degrades rapidly. Electronic data from vehicles and equipment is overwritten. Witness memories fade. Retaining an attorney promptly allows for preservation demands before critical evidence is lost.
- The financial analysis is complex. Calculating the value of lost financial support over the deceased person’s remaining working life requires economic testimony. The economist must project earnings growth, inflation, retirement age, and other factors to determine the present value of the family’s financial loss.
What Is the Wrongful Death Case Timeline?
The timeline depends on the complexity of the case, the number of defendants, and whether liability is contested.
- Investigation begins immediately after the family retains the firm. The attorney identifies all potentially responsible parties and issues preservation demands for relevant evidence.
- If the death resulted from a workplace accident, an oilfield incident, or a vehicle collision, the investigation includes collecting employer records, safety data, electronic vehicle data, and witness statements.
- The firm retains economists, life care planners, and vocational professionals to calculate the financial loss to the family. In cases where the deceased survived for a period with serious injuries before death, the survival action damages include pain and suffering during that interval.
- A demand package is prepared and negotiations begin with the defendant’s insurer or legal department.
- If the insurer refuses to offer fair compensation, suit is filed. Wrongful death cases in Harris County generally take one to three years from filing to resolution, though complex multi-defendant cases may take longer.
What Should You Bring to Your Wrongful Death Consultation?
We understand that this is an extraordinarily difficult time for your family. The consultation is an opportunity for the attorneys to learn about what happened and explain your legal options. Bringing documentation helps, but it is not required for the initial meeting.
If available, the following items are helpful:
- The death certificate
- Police reports, accident reports, or OSHA investigation reports
- Medical records from any treatment the deceased received before death
- Employment records documenting the deceased person’s income, benefits, and work history
- Insurance information for the at-fault party
- Photographs of the accident scene or the conditions that contributed to the death
During the consultation, we review the facts, identify potential defendants, and provide a direct assessment of the claim. There is no charge for this meeting.
What Are Important Texas Legal Resources for Wrongful Death Cases?
Texas wrongful death law is codified in the Civil Practice and Remedies Code. The following resources help surviving families understand the legal framework that applies to their claim.
- The statute of limitations for a wrongful death claim in Texas is two years from the date of death under Chapter 16 of the Civil Practice and Remedies Code.
- Texas negligence law applies a proportionate responsibility framework. The family’s recovery is reduced by the deceased person’s share of fault, and recovery is barred if the deceased’s fault exceeds 50 percent.
- Texas does not cap economic damages in wrongful death cases. Non-economic damage caps apply in certain limited categories.
- The Texas Legislature website provides access to the wrongful death statutes and the Civil Practice and Remedies Code.
- Our firm monitors Texas legal changes that may affect wrongful death claims, employer liability, and negligence standards.
Reach Out to Greenberg Streich Injury Lawyers to Schedule a Consultation
If your family has lost a loved one due to another party’s negligence in Houston, TX, our attorneys are available for a free and confidential case review. We handle wrongful death cases on a contingency fee basis, meaning no upfront costs and no attorney fees unless we recover compensation. Contact us to schedule a consultation at a time that works for your family.
Wrongful Death Statistics in Houston
Preventable deaths from motor vehicle accidents, workplace incidents, and medical errors claim thousands of lives in Texas each year. According to TxDOT crash data, Texas recorded 4,150 motor vehicle fatalities in 2024, with one traffic death occurring approximately every two hours. Harris County recorded 579 of those deaths, more than any other county in the state.
Workplace fatalities add to the toll. Texas led the nation with 58 fatal workplace injuries reported to OSHA in 2024, according to preliminary federal data. Falls from height remain the leading cause of workplace death in Texas, followed by struck-by incidents and transportation accidents. Medical errors cause an estimated 250,000 deaths annually in the United States, according to research published in the BMJ, making medical malpractice the third leading cause of death nationwide. According to CDC mortality data, unintentional injuries are the third leading cause of death in Texas and the leading cause for adults aged 18 to 44.
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who can bring a wrongful death action, and understanding these rules is essential because filing by the wrong party can create procedural complications that delay or jeopardize the claim.
1. Surviving spouse. The deceased person’s legal spouse at the time of death has automatic standing to file a wrongful death claim. Common-law spouses may also have standing if they can establish the existence of a valid common-law marriage under Texas law.
2. Children of the deceased. Biological children, adopted children, and, in some cases, stepchildren may file wrongful death claims. Adult children have the same right to file as minor children, and their claims may include loss of companionship and mental anguish in addition to financial loss.
3. Parents of the deceased. Both biological and adoptive parents have standing to file a wrongful death claim. This right applies whether the deceased was a minor or an adult, and both parents may file independently.
4. The personal representative of the estate. If no eligible family member files a wrongful death action within three months of the death, the personal representative of the deceased person’s estate can file on behalf of the family. The estate representative also files the survival action, which is a separate claim.
5. Who cannot file. Siblings, grandparents, aunts, uncles, and unmarried partners do not have standing to bring a wrongful death claim under Texas law. This limitation can create difficulties when the deceased person’s closest relationships were with individuals who fall outside the statutory categories.
6. Wrongful death vs. survival action. The wrongful death action compensates the surviving family for their losses. The survival action compensates the estate for the pain, suffering, and expenses the deceased person experienced between the time of injury and the time of death. These are separate claims with separate damage calculations, and pursuing both when applicable produces the most complete recovery.
7. Filing deadline. The statute of limitations for both the wrongful death action and the survival action is two years from the date of death. This is a firm deadline. The court does not have discretion to extend it under normal circumstances.
Houston Wrongful Death Lawyer FAQs
Who decides whether to file a wrongful death claim?
The surviving spouse, children, or parents decide. Each eligible family member has independent standing to file. If multiple family members wish to file, their claims are typically consolidated to avoid duplicative litigation.
What is the difference between a wrongful death claim and a survival action?
The wrongful death claim compensates the surviving family for their losses, including lost financial support, companionship, and mental anguish. The survival action compensates the deceased person’s estate for the pain and suffering the deceased experienced before death. Both can be filed in the same lawsuit.
How long do I have to file a wrongful death claim in Texas?
Two years from the date of death. This deadline applies to both the wrongful death action and the survival action. Consulting an attorney promptly protects your ability to file within the applicable period.
Can I file a wrongful death claim if criminal charges have not been filed?
Yes. The civil claim is independent of the criminal process and uses a lower burden of proof. A wrongful death claim can proceed even if the responsible party is never criminally charged or is acquitted.
What damages are available in a wrongful death case?
Lost financial support, loss of companionship and guidance, mental anguish, loss of inheritance, and funeral expenses. The survival action adds the deceased person’s pain and suffering before death and medical expenses incurred before death.
How is the value of a wrongful death case determined?
Economists calculate the deceased person’s projected lifetime earnings, benefits, and household contributions. The non-economic damages, including loss of companionship and mental anguish, are evaluated based on the specific facts of the family’s relationship with the deceased.
What if the deceased person was partially at fault?
Texas comparative negligence still applies. The family’s recovery is reduced by the deceased person’s percentage of fault. If the deceased’s fault exceeds 50 percent, the family is barred from recovery. How fault is allocated depends on the evidence and how it is presented.
Do all family members have to agree to file?
No. Each eligible family member can file independently. However, the claims are typically consolidated to streamline the litigation and avoid inconsistent outcomes.
How much does it cost to hire a wrongful death lawyer?
Our firm handles wrongful death cases on a contingency fee basis. You pay no upfront attorney fees, and you owe nothing unless we recover compensation for your family. A free consultation allows you to evaluate your legal options without financial risk.
Can I file a wrongful death claim for a workplace accident?
Yes. If your family member was killed in a workplace accident, claims may be available against the employer (if the employer is a non-subscriber to workers’ compensation), the general contractor, subcontractors, equipment manufacturers, and other responsible parties.
Local Information for Houston Wrongful Death Cases
Where Fatal Accidents Occur Most Frequently in Houston
Wrongful death claims in Houston arise from fatal incidents concentrated along the city’s most dangerous roadways and industrial corridors.
- Interstate 45 carries the highest fatality count of any roadway in Harris County. Both the Gulf Freeway and North Freeway segments are the site of frequent fatal motor vehicle collisions.
- Interstate 10 (Katy Freeway) records significant fatal crash volumes, particularly near the Energy Corridor and the I-610 interchange where commercial truck traffic is heavy.
- The Houston Ship Channel corridor from Pasadena through Deer Park produces fatal industrial and refinery incidents.
- Construction sites across the metropolitan area generate fatal fall, struck-by, and equipment incidents that rank Houston among the most dangerous cities in the country for construction workers.
What Are Important Local Resources for Houston Wrongful Death Cases?
Families who have lost a loved one in Houston may need to contact the following agencies and facilities. These are listed for reference purposes only.
- Houston Police Department for accident reports and non-emergency inquiries: (713) 884-3131
- Memorial Hermann, a Level I trauma center: (713) 704-4000
- Harris Health System (Ben Taub Hospital), a Level I trauma center: (713) 873-2000
- Harris County Medical Examiner for autopsy and death investigation records
Listing these resources does not constitute an endorsement or recommendation by Greenberg Streich Injury Lawyers.
About Greenberg Streich Injury Lawyers
Greenberg Streich Injury Lawyers is a Houston-based injury law firm focused on catastrophic injury and wrongful death litigation. Matt Greenberg is a member of the American Association for Justice and is licensed in Texas, Louisiana, and Arizona. Mike Streich competed on the University of Houston Law Center’s mock trial team and is a member of the Houston Trial Lawyers Association.
What Our Clients Say
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“I can’t say enough about how incredible Matt and Mike were throughout my entire case. From day one, they were professional, attentive, and truly invested in fighting for me. They didn’t just show up-they showed out. Their knowledge, confidence, and strategy were clear every step of the way, and because of their hard work, we won.”
Kristy Sims
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Contact Greenberg Streich Injury Lawyers
Wrongful death cases involve heightened stakes, complex damages calculations, and corporate defendants with substantial legal resources. At Greenberg Streich Injury Lawyers, we provide free consultations for Houston wrongful death cases. Our contingency fee structure means no upfront costs and no attorney fees unless we recover compensation on your behalf. Contact us to schedule your free case review with a Houston, TX wrongful death attorney.
