Houston Wrongful Death Lawyer

Losing a loved one because of someone else’s negligence is devastating. During such an overwhelming time, you need a Houston wrongful death lawyer who brings strength, clarity, and relentless advocacy. At Daly & Black, P.C., we are ready to stand with you and your family, taking on the legal battle so you can focus on healing and finding peace.

Call us today for a free consultation — let Daly & Black handle the legal fight while you focus on honoring your loved one and caring for your family.

Understanding Wrongful Death in Houston

Under Texas law (Tex. Civ. Prac. & Rem. Code § 71.002), a wrongful death occurs when a person’s negligence, carelessness, or intentional act causes another person’s death.

Survival Damages vs. Wrongful Death Damages

While survival and wrongful death claims are closely related, they serve different purposes under Texas law.

Wrongful death damages

These damages belong to the surviving family members—a spouse, child, or parent—and are meant to compensate them for the financial and emotional impact of losing their loved one. These damages include loss of financial support, loss of companionship, and mental anguish.

Survival damages

Survival damages belong to the estate of the deceased. They address what your loved one personally endured from the time of injury until death, including pain, suffering, and related medical expenses. These damages essentially continue the claims the deceased would have been able to bring if they had survived.

How to Prove These Claims

To prove a wrongful death case, families must show that negligence caused the death and that they suffered measurable losses as a result. To prove survival damages, the estate must show evidence of the harm the deceased experienced between injury and passing.

Together, these claims ensure both the family’s loss and the decedent’s suffering are fully recognized in court.

What Damages Can Be Recovered in a Wrongful Death Claim?

When a loved one is taken too soon, families are left with not only heartbreak but also real financial and emotional burdens. While no amount of money can truly replace what has been lost, pursuing compensation can provide stability and the means to rebuild.

In Texas, damages may include economic, non‑economic, and, in some cases, punitive damages, along with survival damages that address what your loved one endured before passing.

Economic Losses

Economic damages address the tangible financial impact of a wrongful death. They can include:

• Medical expenses related to the injury or illness that caused the death, including emergency treatment, hospital stays, and ongoing care before passing.
• Funeral and burial costs, ensuring families are not forced to shoulder these expenses alone.
• Loss of financial support, covering the income, benefits, and financial contributions the deceased would have provided throughout their lifetime.
• Loss of inheritance, when a family member is deprived of the assets their loved one would likely have built and passed down.
• Loss of household services, such as childcare, household maintenance, and other contributions the deceased made to family life.

Non‑Economic Losses

Non‑economic damages recognize the profound emotional impact of a wrongful death. These may include:

• Mental anguish and emotional distress suffered by surviving family members.
• Loss of companionship and society, reflecting the absence of love, affection, and comfort once provided by the deceased.
• Loss of consortium, acknowledging the unique support, intimacy, and partnership between spouses.
• Loss of parental guidance, compensating children for the nurturing and direction they will no longer receive.

Punitive Damages

Punitive damages, also called exemplary damages, are available in cases where the responsible party acted with gross negligence, recklessness, or intentional misconduct. These damages are not about financial recovery for the family but about sending a clear message: reckless behavior that costs lives will not be tolerated.

Pre‑Death (Survival) Damages

Survival damages compensate for the pain, suffering, and expenses your loved one endured between the time of injury and death. These claims are brought by the estate, and if an estate has not yet been established, Daly & Black can guide families through the necessary legal steps so you can pursue them fully.

At Daly & Black, we fight to ensure every form of compensation available under Texas law is pursued, because we know financial stability and accountability are critical to helping families rebuild their lives after tragedy.

Who Can File a Wrongful Death Lawsuit in Texas?

Not everyone is eligible to file. Texas Civil Practice & Remedies Code § 71.004 specifies that:

• The spouse, children, and parents of the deceased may file directly.
• Siblings are not eligible to bring a wrongful death action in Texas.
• If these parties do not file within three months, the executor or administrator of the estate may pursue the case unless specifically instructed not to.

Consequences of Executor or Administrator Filing

In these circumstances, the focus of the claim can shift away from the immediate family’s control. While the estate representative may still secure justice on behalf of the deceased, families sometimes feel a loss of direct involvement in the decision‑making process. This makes timely action by a spouse, child, or parent all the more important to ensure the case reflects their wishes and priorities.

If you believe your family may be facing this situation, we encourage you to reach out as soon as possible. Taking action quickly allows Daly & Black to protect your voice in the process and ensure your loved one’s memory is honored on your terms.

Common Causes of Wrongful Death in Houston

At the center of every wrongful death case is a failure to act responsibly. Whether it’s a corporation ignoring safety standards or an individual making reckless decisions, negligence can turn ordinary situations into life‑altering tragedies. In Houston, some of the most common causes include:

Plant, Refinery and Oil Rig Accidents

Houston’s energy industry is one of the most dangerous in the nation, and when safety rules are ignored, the consequences are often fatal. From oil rig accidents offshore to plant and refinery accidents on land—explosions, toxic leaks, and equipment failures can devastate entire families in a matter of moments.

Truck and 18‑Wheeler Accidents

Houston’s highways are crowded with commercial trucks. Driver fatigue, poor maintenance, and reckless driving can result in fatal accidents. Tragically, it is often the occupants of smaller vehicles who pay the price in these collisions.

Commercial Bus Crashes

When companies fail to properly screen drivers or maintain fleets, passengers are put in harm’s way. Negligence in the commercial transportation industry can lead to fatal bus accidents that devastate families.

Maritime and Offshore Incidents

Houston’s port and offshore industries bring unique risks. Any lapse in training, safety checks, or equipment care can trigger offshore disasters with fatal consequences.

Motor Vehicle Accidents

Reckless or impaired drivers are a leading cause of wrongful death in Houston. Speeding, distracted driving, and drunk driving continue to claim lives, leaving families shattered in their wake.

Unsafe Premises and Criminal Acts

Property owners have a duty to keep premises reasonably safe. When they fail, whether by ignoring security needs or neglecting basic protections, the result can be violent crimes or accidents that should have been prevented.

Families pursuing a wrongful death claim not only seek compensation but also accountability, ensuring that negligent individuals, companies, or institutions do not repeat these mistakes.

Why Choose Daly & Black for Your Houston Wrongful Death Case

At Daly & Black, we understand both the emotional toll and the legal complexity of wrongful death cases. Families choose us because:

National Recognition

We are nationally recognized as serial nominees and one time winners of Insurance Litigation Firm of the Year, and our attorneys are regularly featured in Super Lawyers. These honors reflect the consistent results we achieve for clients and the respect we’ve earned in the legal community. Recognition on a national level reinforces our ability to take on powerful opponents and succeed.

Experience Against Insurance Companies

We have extensive experience challenging insurers and corporate defendants in high‑stakes litigation. Insurance companies are known for delaying, denying, or underpaying valid claims. Our attorneys anticipate these tactics and counter them with thorough investigation, strong evidence, and courtroom advocacy that levels the playing field.

Relentless Litigation Philosophy

We embody an aggressive approach: ALL IN. ALL THE TIME. That means we prepare every case as though it will go to trial, refusing to settle for less than what is fair. This relentless mindset drives better results, as insurers know we are not afraid to fight in front of a jury if necessary.

Client Communication and Support

We keep families informed every step of the way, so you never feel left in the dark. From explaining complex legal terms to providing regular updates, we make sure you understand your options and have confidence in the process. Compassion is at the core of our communication. This is a difficult time, and we are here to guide you through it.

When you trust us with your case, you gain not just attorneys, but advocates who fight with both strength and empathy.

The Process of Filing a Wrongful Death Claim in Houston

Every case is unique, but most follow these steps:

Free Consultation

We begin with a thoughtful discussion of your circumstances, outlining your rights and legal options. During this first meeting, we take the time to listen to your story, answer your questions, and explain how Texas wrongful death law applies to your situation.

Investigation & Evidence Gathering

We secure accident reports, expert testimony, medical records, and other evidence to build a strong case. Our attorneys work with investigators and industry experts to uncover the truth and ensure that no detail is overlooked. This thorough approach often uncovers negligence that others might miss.

Negotiation & Litigation

We negotiate aggressively with insurers, and if they refuse to be fair, we are fully prepared to take your case to trial. Our trial‑ready approach shows insurers and defendants that we will not accept low offers, which can often result in better settlements. If a trial becomes necessary, we fight tirelessly in court to protect your family’s rights.

Throughout the process, we shoulder the legal burden so your family can focus on healing and finding a path forward.

Statute of Limitations for Wrongful Death in Texas

Texas law sets a strict two-year statute of limitations from the date of death to file a wrongful death lawsuit. Exceptions are rare but may apply in cases involving minors, fraud, or delayed discovery of negligence.

If you wait too long, you risk permanently losing your right to file a claim. Don’t let time work against you, speak with Daly & Black today.

FAQ

What qualifies as a wrongful death case in Houston?

Any death caused by another person’s negligence, recklessness, or intentional act—such as car accidents, medical malpractice, or workplace disasters—may qualify.

Who can file a wrongful death lawsuit in Texas?

Spouses, children, and parents of the deceased have the right to file. If they don’t act, the estate’s executor may file within three months.

How can a Houston wrongful death lawyer help my family?

We investigate the circumstances, build a strong case, negotiate with insurers, and, if necessary, take the case to court to seek justice and financial recovery.

Call a Houston Wrongful Death Lawyer Who Fights for Families

A wrongful death case is about more than money—it’s about accountability, justice, and closure. When you partner with Daly & Black, you have a law firm that is ALL IN. ALL THE TIME. for your family’s fight.

Schedule your free consultation with a Houston wrongful death attorney at Daly & Black P.C. today.