Texas Wrongful Death Lawyer

Surviving Family and Wrongful Death Attorneys Serving Houston, Dallas, Austin, San Antonio, and All of Texas

Your loved one is gone — and the cause was someone else’s negligence. Maybe a drunk driver, a distracted truck driver, a careless surgeon, a defective product, an untrained boat operator, an unsafe property. The grief is unbearable, and on top of that, you’re now facing funeral bills, lost income, and a future without the person who held your family together. Texas wrongful death law gives surviving families specific rights — but those rights are governed by two separate statutes most families don’t know about: the Texas Wrongful Death Act (for what the family lost) and the Survival Action statute (for what the deceased lost between injury and death). The two claims work together. Pursued correctly, they can deliver full justice. Pursued by a generalist firm that doesn’t understand the framework, valid recoveries get left on the table. We’ve recovered millions for Texas families who lost loved ones to negligence — and we know how to build the kind of case that holds defendants and their insurers accountable for the full extent of the loss.

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• AV Preeminent Rated (Martindale-Hubbell)
• Statewide Texas representation — offices in Houston, Dallas, Austin, Lakeway, San Antonio, Sugar Land, The Woodlands, and Katy

What’s Already Working Against Your Family After a Wrongful Death

Wrongful death cases start at a disadvantage that most grieving families don’t see coming. While you’re planning a funeral and trying to make sense of the loss, the defendant’s insurance company is already preparing a defense:

• The defendant’s insurance carrier knows you’re devastated. They’ll often reach out within days of the death with sympathetic-sounding offers that feel like help — but are designed to close the case before you’ve consulted a lawyer.
• Evidence is being collected selectively. Police reports, medical records, surveillance footage, employment records — the defense is securing what helps them and letting what helps you slip away.
• Witnesses are scattering. By the time you find them, memories have faded and details have changed.
• The defendant is preparing to argue your loved one was at fault. Comparative fault is a standard defense in Texas wrongful death cases. The defendant will push fault onto the deceased — sometimes claiming 51% or more — to eliminate or reduce recovery.
• The two-year statute of limitations is running. Texas Civil Practice & Remedies Code § 16.003 imposes a two-year deadline from the date of death (with limited exceptions). Government claims have shorter notice deadlines as short as 6 months.
• If your loved one was on a vessel or platform, federal maritime law may apply — including the Death on the High Seas Act with significantly more limited damages, or the Limitation of Liability Act capping recovery at the value of a sunken boat.

You shouldn’t have to fight a legal battle while you’re grieving. That’s our job. The earlier you call us, the more we can do to preserve evidence, protect your family’s rights, and let you focus on each other.

The Two Texas Wrongful Death Claims Most Families Don’t Know About

Under Texas law, the death of a loved one can give rise to two separate but related civil claims. They have different plaintiffs, different damages, and different rules. Sophisticated wrongful death practitioners pursue both simultaneously when applicable, because that’s how full recovery is achieved.

Claim 1: The Texas Wrongful Death Act (Chapter 71.001-71.012)

The Texas Wrongful Death Act allows specific surviving family members to recover for their own losses caused by the death. The plaintiffs are the family, not the estate. The damages are what the survivors lost — companionship, financial support, guidance, household services, mental anguish.

Who can sue under the Wrongful Death Act:

• The surviving spouse
• The deceased person’s children (including adult children and adopted children)
• The deceased person’s parents (including adoptive parents)

Who cannot sue under the Wrongful Death Act:

• Siblings (adult or minor)
• Grandparents
• Grandchildren
• Domestic partners (unless legally married)
• Cousins, aunts, uncles, or other extended family
• Step-parents and step-children (in most circumstances)

The restrictive list of statutory beneficiaries surprises many families. Texas’s framework is narrower than many other states — siblings have no legal standing to sue for a brother or sister’s wrongful death, even when they were close, and even when no spouse, child, or parent survives.

Claim 2: The Survival Action (Texas Civil Practice & Remedies Code § 71.021)

The Survival Action is a different claim entirely. Under § 71.021, when a person dies, their personal injury claim does not die with them — it “survives” and passes to their estate. The estate (acting through an executor or administrator) can pursue the claim the deceased could have brought if they had lived.

Survival Action damages include:

• The deceased’s medical expenses incurred between injury and death
• The deceased’s pain and suffering between injury and death (sometimes called “conscious pain and suffering”)
• The deceased’s lost wages from injury to death
• Funeral and burial expenses
• Property damage to the deceased’s property

The Survival Action claim belongs to the estate. The recovery is distributed according to the deceased’s will, or under Texas intestacy law if there was no will.

Why Both Claims Matter

The Wrongful Death Act claim and the Survival Action claim cover different categories of damages with different beneficiaries:

• Wrongful Death Act — recovers what the surviving family lost (their grief, lost support, lost companionship)
• Survival Action — recovers what the deceased lost (their suffering, their medical bills, their lost wages)

Pursuing both claims simultaneously is the standard approach in serious Texas wrongful death cases. Pursuing only one leaves money — sometimes hundreds of thousands of dollars — uncollected. Generalist firms sometimes only file one or the other. Specialist firms file both.

Common Causes of Wrongful Death We Handle in Texas

Wrongful death can result from any underlying cause. The legal pathway depends on the cause; the damages framework is largely the same.

Motor Vehicle Wrongful Death

Fatal car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and rideshare accidents are the most common cause of wrongful death claims. Texas is one of the deadliest states for traffic fatalities. Drunk driving cases (which often produce punitive damages), distracted driving cases (cell phone records become key evidence), and commercial trucking cases (with FMCSR violations and corporate defendants) frequently produce the largest motor vehicle wrongful death recoveries.

Trucking and Commercial Vehicle Wrongful Death

Fatal truck accident cases against commercial carriers often produce the largest wrongful death recoveries because of the multiple available defendants (driver, motor carrier, broker, shipper, vehicle manufacturer), federal regulatory violations (Hours of Service violations, Federal Motor Carrier Safety Regulations), and substantial commercial insurance policies. Trucking wrongful death cases in catastrophic crashes routinely produce verdicts and settlements in the millions.

Workplace Wrongful Death

Fatal workplace accidents follow specific Texas pathways depending on whether the employer was a workers’ compensation subscriber or non-subscriber, plus any third-party negligence claims. Workplace wrongful death often unlocks multiple recovery sources — third-party defendants frequently hold the largest insurance policies and assets. Texas Civil Practice & Remedies Code § 408.001 limits some workers’ compensation death claims but preserves third-party rights.

Medical Malpractice Wrongful Death

Medical malpractice wrongful death cases follow Chapter 74 procedures — including the expert report requirement (§ 74.351) within 120 days of filing, and Texas’s harsh non-economic damage caps under §§ 74.301-303. The Chapter 74 caps significantly limit non-economic recovery in medical malpractice wrongful death cases compared to other types of wrongful death claims (see below).

Defective Product Wrongful Death

Fatal defective product cases — including defective medical devices and pharmaceutical injuries — combine wrongful death claims with product liability theories. Defective product wrongful death cases often involve large corporate defendants with substantial insurance, and gross negligence claims for hidden risks can support significant punitive damage awards.

Premises Liability Wrongful Death

Drownings, falls from heights, fires, and negligent security incidents (apartment complex assaults, hotel attacks, parking garage rapes) are the most common causes of premises liability wrongful death. Negligent security cases against apartment complexes, hotels, and businesses with documented prior crime histories produce some of the largest premises wrongful death verdicts in Texas.

Slip-and-Fall Wrongful Death

Catastrophic slip-and-fall cases — particularly involving elderly victims who suffer fatal head injuries or hip fracture complications — sometimes lead to wrongful death claims when the fall was caused by a property owner’s negligence in keeping the premises safe.

Maritime and Offshore Wrongful Death

Fatal maritime and offshore accidents follow specialized federal frameworks — the Jones Act (for seamen), DOHSA (for deaths on the high seas more than 3 nautical miles offshore), or general maritime law. Maritime wrongful death damages are often more limited than state-law wrongful death damages, particularly under DOHSA, which restricts recovery to pecuniary losses only.

Boating and Watercraft Wrongful Death

Fatal boating accidents — drownings, propeller strikes, BUI collisions, capsizings — combine general maritime law with Texas state law. The Limitation of Liability Act of 1851 frequently affects boating wrongful death cases, allowing boat owners to attempt to cap recovery at the post-accident value of the vessel.

Drunk Driving Wrongful Death

Fatal DWI cases routinely support both compensatory damages and punitive damages for gross negligence. Texas Dram Shop Act claims may also lie against bars and restaurants that overserved obviously intoxicated drivers. DWI wrongful death cases combine criminal prosecution of the driver with separate civil recovery.

Violent Crime Wrongful Death

When a loved one is killed by criminal violence, the Texas Crime Victims’ Compensation Fund offers limited recovery. Beyond that, civil liability may rest with property owners (negligent security claims), parents (negligent supervision), employers (negligent hiring/retention), and other parties whose negligence enabled the criminal act. Civil recovery is often available even when the criminal defendant cannot be located or has no assets.

Why Texas Wrongful Death Cases Require a Specialized Approach

Wrongful death cases combine the legal complexity of the underlying cause (motor vehicle, medical, product, premises) with the procedural requirements of Texas wrongful death law and the emotional reality of helping grieving families. Generalist firms routinely miss critical issues that determine case value.

Texas Damages Framework for Wrongful Death

Texas wrongful death cases recover damages across multiple categories, divided between the Wrongful Death Act claim and the Survival Action.

Wrongful Death Act Damages (For the Surviving Family):

• Loss of companionship and society — the loss of the relationship itself
• Mental anguish — the surviving family’s emotional suffering
• Pecuniary loss — financial support the deceased would have provided
• Loss of inheritance — what the family would have inherited if the deceased had lived a normal lifespan
• Loss of household services — childcare, home maintenance, and other services the deceased provided
• Loss of guidance and counsel — particularly in cases involving deceased parents of minor children

Survival Action Damages (For the Estate):

• Conscious pain and suffering from injury until death
• Medical expenses incurred between injury and death
• Lost wages from injury until death
• Funeral and burial expenses
• Property damage to the deceased’s property

The Texas Damage Caps That Apply to Wrongful Death

Most Texas wrongful death cases have no cap on damages — economic damages, non-economic damages, and total recovery are all uncapped under standard tort law. Two important exceptions apply:

Medical Malpractice Wrongful Death Cap (§§ 74.301-303)

Texas Civil Practice & Remedies Code §§ 74.301-303 caps non-economic damages in medical malpractice wrongful death cases. The total non-economic damages against all healthcare providers and institutions are limited to a statutory wrongful death cap that is adjusted for inflation but remains far below typical wrongful death recoveries in non-medical cases. This cap is one of the harshest in the country and dramatically reduces recoverable damages in fatal medical negligence cases. Economic damages (lost earning capacity, medical bills) are not capped, but the non-economic cap is severe.

Punitive Damages Cap (§ 41.008)

Texas caps punitive damages at the greater of $200,000 or two times economic damages plus equal non-economic damages up to $750,000, with specific exceptions for certain felony conduct. Punitive damages in wrongful death cases are common in DWI fatalities and gross negligence cases.

Government Defendants (Texas Tort Claims Act)

Wrongful death claims against government entities are subject to Texas Tort Claims Act caps — typically $250,000 per person and $500,000 per occurrence for state and local government, with shorter notice deadlines.

The Stowers Doctrine in Wrongful Death Cases

The Stowers Doctrine — from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — is one of the most important strategic tools in any Texas wrongful death case. Wrongful death damages routinely exceed defendant insurance policy limits, which means recovering the full case value depends on Stowers leverage.

When the defendant’s insurer unreasonably refuses to settle a clear-liability wrongful death claim within policy limits, the insurer can be held liable for the entire judgment at trial — even amounts above the policy limits. A properly structured Stowers demand transforms a “policy-limits case” into a case where the insurer faces personal liability for refusing to settle. In wrongful death cases involving young decedents, sole breadwinners, or parents of minor children, Stowers leverage is often the difference between the policy limit and full recovery.

Texas Comparative Fault (§ 33.001)

Texas’s modified comparative fault rule applies to wrongful death claims. The deceased’s percentage of fault is allocated, and the surviving family’s recovery is reduced accordingly. If the deceased is found 51% or more at fault, recovery is barred entirely. Defense attorneys aggressively push fault onto deceased plaintiffs in wrongful death cases — arguing speeding, intoxication, distraction, or failure to use safety equipment. Defending against fault-shifting attacks is a core part of wrongful death litigation.

Deadlines That End Wrongful Death Cases

• General two-year statute of limitations (§ 16.003) — applies to most wrongful death claims, running from the date of death
• Medical malpractice 120-day expert report (§ 74.351) — required within 120 days of filing, with severe consequences for missing the deadline
• Government claims notice — as short as 6 months under the Texas Tort Claims Act
• Federal maritime deadlines — Jones Act 3-year, LHWCA 1-year, DOHSA 3-year, Limitation of Liability Act 6-month for vessel owners
• Three-month family priority — Under the Wrongful Death Act, if no qualifying family member files within three months of death, the personal representative of the estate may file unless the family explicitly objects

Probate and Estate Coordination

Survival Action claims belong to the estate, which must be opened in Texas probate court. Coordinating wrongful death litigation with probate proceedings is technical work that generalist firms sometimes mishandle. The personal representative of the estate (executor or administrator) is the proper plaintiff for the Survival Action, while individual statutory beneficiaries are the plaintiffs for the Wrongful Death Act claim.

How Defendants and Insurers Defeat Valid Wrongful Death Claims

Insurance carriers have specific defense playbooks for wrongful death cases. Recognizing the tactics is half the defense.

Defense Tactics That Cost Surviving Families Their Cases

• Quick lowball offers presented as compassion. Adjusters reach out within days of the death with sympathetic-sounding offers. The offers are designed to close the case before the family understands what their case is worth.
• Comparative fault attacks on the deceased. Defendants argue the deceased was speeding, intoxicated, distracted, or otherwise contributed to their own death. The 51% bar means even a small fault allocation can dramatically reduce or eliminate recovery.
• “Pre-existing condition” attacks. Defense investigators search the deceased’s medical history for any condition that can be blamed for the death.
• Pecuniary loss minimization. Defense economists argue the deceased had limited future earning capacity, would have retired earlier, or had higher personal consumption — all reducing pecuniary damages.
• Mental anguish challenges. Defendants argue the surviving family’s relationship with the deceased was less close than claimed, reducing non-economic damages.
• Statutory beneficiary disputes. Defendants argue the plaintiff isn’t a qualifying statutory beneficiary, particularly in cases involving step-relatives, common-law marriage claims, or disputed paternity.
• Surveillance and social media monitoring. Defense investigators monitor surviving family members’ social media for any post that could be used to argue the family wasn’t really suffering.
• Delay tactics. Wrongful death plaintiffs face funeral bills and lost income. Insurers use delay to wear down families into accepting inadequate settlements.
• Exploiting the medical malpractice cap. In medical malpractice cases, defendants leverage the §§ 74.301-303 cap aggressively to push down settlement value.

Mistakes That Sink Otherwise Strong Wrongful Death Cases

• Accepting early settlement offers before consulting a wrongful death attorney
• Talking to the defendant’s insurance adjuster without an attorney
• Giving recorded statements about the deceased, the family, or the relationship
• Posting on social media about the deceased, the case, or family activities
• Failing to open an estate (preventing Survival Action recovery)
• Filing only the Wrongful Death Act claim without the Survival Action (or vice versa)
• Missing the 120-day expert report deadline in medical malpractice cases
• Missing the government claims notice deadline (as short as 6 months)
• Hiring a generalist personal injury attorney unfamiliar with wrongful death procedure
• Attempting to handle the claim without legal representation while grieving

How Our Texas Wrongful Death Attorneys Build Your Case

A serious wrongful death case is built — not filed. Here’s the framework we use, often beginning within days of being retained.

• Compassionate intake and case assessment. We listen to your story, understand the family’s relationship to the deceased, and evaluate the legal pathway and likely damages — without pressure and without commitment.
• Statutory beneficiary identification. We confirm who the qualifying plaintiffs are under the Texas Wrongful Death Act and address any standing or relationship issues early.
• Estate and probate coordination. If a Survival Action is part of the case, we coordinate with probate counsel to open the estate and ensure the personal representative is properly appointed.
• Liability investigation. Establishing fault for the underlying cause — whether motor vehicle, medical malpractice, premises, product, workplace, or maritime. Liability is often the easier question; we get it locked down early.
• Evidence preservation. Police reports, surveillance footage, vehicle data, medical records, employment records, witness statements — secured before they disappear.
• Multi-defendant liability mapping. Every potentially liable party — primary tortfeasor, employer, equipment manufacturer, property owner, contractor, government entity — gets identified. More defendants typically means more available insurance coverage.
• Insurance coverage analysis. Primary, excess, and umbrella policies. Personal and commercial coverage. Wrongful death cases sometimes unlock multiple layers of coverage that fund full recovery.
• Damages workup with economists and life-care planners. Lost earning capacity, lost household services, lost inheritance, and other pecuniary damages are projected by qualified experts and converted to present-day dollars.
• Mental anguish documentation. The non-economic damages framework requires proof of the depth of the relationship and the impact of the loss. We work sensitively with the surviving family to develop this evidence.
• Strategic Stowers demands. When liability is clear and damages exceed policy limits, we send carefully drafted Stowers demand letters that force insurers to settle within limits or face exposure for the full judgment.
• Trial-ready preparation. The largest wrongful death settlements come from cases the defense believes will produce devastating verdicts at trial. We build every wrongful death case as if it’s going to a jury.

What Is My Texas Wrongful Death Case Worth?

Wrongful death case value varies enormously. Factors include the deceased’s age, earning capacity, relationship to the survivors, the underlying cause (different damage caps may apply), available insurance and assets, the strength of liability evidence, and Stowers leverage. Cases involving young breadwinners, parents of minor children, and gross negligence routinely recover in the millions. Verdicts and settlements above $10 million are not uncommon for catastrophic wrongful death cases.

Recoverable Damages in Texas Wrongful Death Cases

Wrongful Death Act Damages (For the Family):

• Loss of companionship and society
• Mental anguish (surviving spouse, children, parents)
• Pecuniary loss — lost financial support
• Loss of inheritance
• Loss of household services
• Loss of guidance and counsel
• Loss of consortium

Survival Action Damages (For the Estate):

• Conscious pain and suffering between injury and death
• Medical expenses incurred between injury and death
• Lost wages between injury and death
• Funeral and burial expenses
• Property damage to the deceased’s property

Punitive (Exemplary) Damages

Available in cases of gross negligence — DWI/DUI fatalities, willful safety violations, fraudulent concealment of dangers, or intentional misconduct. Subject to caps under § 41.008.

What Surviving Families Worry About Before Calling a Wrongful Death Lawyer

“They offered a settlement. Should I take it?”

Almost always not without an attorney’s review. Insurance companies make early lowball offers in wrongful death cases specifically because they know grieving families are vulnerable and don’t yet know what the case is worth. Once you sign a release, the case is over forever — even if you later learn the case was worth ten times what you accepted. Have any settlement offer reviewed by a wrongful death attorney before signing anything.

“I’m not sure I’m a qualifying family member to file.”

The Texas Wrongful Death Act limits standing to spouses, children, and parents. Siblings, grandparents, grandchildren, domestic partners, and step-relatives generally cannot file Wrongful Death Act claims. The Survival Action is filed by the estate (through an executor or administrator), so any heir under the will or intestacy law has an interest in that recovery. We help families work through these standing issues early.

“There were no criminal charges. Can we still sue?”

Yes. Wrongful death is a civil claim, not a criminal charge. The standard of proof in civil cases is “preponderance of the evidence” (more likely than not), while criminal cases require “beyond a reasonable doubt.” Civil wrongful death cases can succeed even when criminal charges aren’t filed or don’t result in conviction. The O.J. Simpson civil case is the most famous example — acquitted criminally, found liable civilly.

“What if my loved one was partially at fault?”

Under Texas’s modified comparative fault rule (§ 33.001), the family can still recover as long as the deceased was 50% or less at fault. The recovery is reduced by the deceased’s percentage of fault. If the deceased was 51% or more at fault, recovery is barred. Defense attorneys aggressively push fault onto deceased plaintiffs — arguing speeding, intoxication, distraction, failure to wear seatbelts. Most fault-shifting attacks collapse under proper investigation.

“How long will my wrongful death case take?”

Most Texas wrongful death cases resolve in 18 to 36 months. Catastrophic cases involving multiple defendants, federal regulations (trucking, maritime), or medical malpractice often take longer. The investment of time generally produces substantially better recovery than rushed settlements.

“I can’t afford a lawyer.”

You don’t pay anything unless we win. Wrongful death cases are handled on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation, expert witnesses, or filing fees. If we don’t recover, you owe us nothing.

“My loved one died from medical malpractice. Is the case different?”

Yes. Texas medical malpractice wrongful death cases follow Chapter 74 procedures — including the 120-day expert report requirement under § 74.351 and the harsh non-economic damage caps under §§ 74.301-303. The non-economic cap dramatically reduces recoverable damages compared to other types of wrongful death cases. Economic damages (lost earnings) are not capped, but the non-economic cap is severe. See our Texas medical malpractice page for the full Chapter 74 framework.

“My loved one died on a vessel or offshore. Does federal law apply?”

Possibly — and the implications are significant. Maritime and offshore wrongful death cases may fall under the Jones Act (for seamen), DOHSA (deaths on the high seas more than 3 nautical miles offshore), or general maritime law. Maritime wrongful death damages are often more limited than state law damages, particularly under DOHSA, which restricts recovery to pecuniary losses only and excludes mental anguish in commercial maritime cases. See our Texas maritime and offshore injury page for the broader framework.

“What’s the difference between a Wrongful Death Act claim and a Survival Action?”

The Wrongful Death Act claim recovers what the surviving family lost (companionship, support, mental anguish). The Survival Action recovers what the deceased lost between injury and death (pain and suffering, medical bills, lost wages). The two claims have different plaintiffs, different damages, and different rules. In serious wrongful death cases, both claims are pursued simultaneously.

“Do you only handle cases in Houston?”

No. We represent grieving families statewide, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy.

Frequently Asked Questions

What is a wrongful death claim under Texas law?

A wrongful death claim is a civil lawsuit filed by surviving family members when a loved one dies as a result of another person or entity’s wrongful act, negligence, carelessness, unskillfulness, or default. Texas wrongful death law is governed by the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code Chapter 71.001-71.012) and the Survival Action statute (§ 71.021), which together allow surviving families and the deceased’s estate to pursue damages caused by the wrongful death.

Who can file a wrongful death lawsuit in Texas?

Under the Texas Wrongful Death Act, only the surviving spouse, children (including adult children), and parents of the deceased can file. Siblings, grandparents, grandchildren, domestic partners, and most step-relatives cannot file Wrongful Death Act claims. The Survival Action is filed by the personal representative of the deceased’s estate. If no qualifying family member files within three months of death, the personal representative may file unless the family explicitly objects.

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

A wrongful death claim recovers what the surviving family lost — companionship, mental anguish, pecuniary support, loss of inheritance, and loss of household services. A survival action recovers what the deceased lost between injury and death — conscious pain and suffering, medical expenses, lost wages, funeral expenses, and property damage. The wrongful death claim belongs to the family; the survival action belongs to the estate. In serious cases, both claims are pursued simultaneously.

How long do I have to file a Texas wrongful death lawsuit?

Texas’s two-year statute of limitations under Texas Civil Practice & Remedies Code § 16.003 applies to most wrongful death claims, running from the date of death. Specific case types have different deadlines: medical malpractice (2 years with the 120-day expert report under § 74.351), government claims (notice deadlines as short as 6 months under the Texas Tort Claims Act), federal maritime claims (Jones Act 3-year, LHWCA 1-year, DOHSA 3-year). Acting quickly preserves all your potential pathways.

What damages can my family recover in a Texas wrongful death case?

Texas wrongful death damages cover both Wrongful Death Act losses (loss of companionship, mental anguish, pecuniary support, loss of inheritance, loss of household services, loss of guidance) and Survival Action damages (conscious pain and suffering between injury and death, medical expenses, lost wages, funeral expenses). Punitive damages are available in cases of gross negligence, subject to caps under § 41.008. Most non-medical wrongful death cases have no statutory cap on compensatory damages.

What is the Stowers Doctrine and why does it matter in wrongful death cases?

The Stowers Doctrine — from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — allows plaintiffs to hold insurance companies liable for the full judgment when the insurer unreasonably refuses to settle clear-liability claims within policy limits. Wrongful death cases routinely involve damages exceeding policy limits, so Stowers leverage is often the most important strategic tool for recovering full case value.

How are medical malpractice wrongful death cases different in Texas?

Medical malpractice wrongful death cases are subject to Texas Civil Practice & Remedies Code Chapter 74, including the 120-day expert report requirement (§ 74.351) and the harsh non-economic damage caps (§§ 74.301-303). The non-economic cap dramatically reduces recoverable damages in fatal medical negligence cases. Economic damages (past and future medical bills, lost earning capacity) are not capped, but the non-economic cap is severe.

Can my family recover wrongful death damages if my loved one was partially at fault?

Yes, as long as the deceased was 50% or less at fault. Under Texas’s modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001), the family’s recovery is reduced by the deceased’s percentage of fault. If the deceased was 51% or more at fault, recovery is barred. Defense attorneys aggressively push fault onto deceased plaintiffs in wrongful death cases.

Can we sue for wrongful death even if there were no criminal charges?

Yes. Wrongful death is a civil claim with a lower standard of proof (“preponderance of the evidence”) than criminal cases (“beyond a reasonable doubt”). Civil wrongful death cases can succeed even when criminal charges aren’t filed or don’t result in conviction. Civil and criminal cases are entirely separate proceedings.

What if our loved one died offshore or on a vessel?

Maritime and offshore wrongful death cases may fall under federal law — the Jones Act (for seamen), the Death on the High Seas Act (for deaths more than 3 nautical miles offshore), the Longshore and Harbor Workers’ Compensation Act, or general maritime law. Maritime wrongful death damages are often more limited than state law damages, particularly under DOHSA, which restricts recovery to pecuniary losses only and excludes mental anguish in commercial cases.

For more information, please visit our additional wrongful death FAQs.

Don’t Settle Before Knowing What Your Case Is Worth

The defendant’s insurance company is hoping you settle before you fully understand your rights. They’re hoping you don’t pursue both the Wrongful Death Act claim and the Survival Action. They’re hoping you don’t realize Stowers leverage can put their entire judgment exposure on the table — not just the policy limits. Every day matters: evidence disappears, witnesses scatter, and the two-year statute of limitations is running.

We offer 100% free, confidential consultations for Texas families who have lost a loved one to negligence. We work on contingency, so you pay nothing unless we win.

CALL: 713-352-7975

Request Your Free Case Review →

We’ll listen to your story without pressure. We’ll evaluate the cause of death, the available evidence, the insurance landscape, and the full damages framework — and tell you honestly whether you have a case. If you do, we’ll explain how we’d build it. The earlier you call us, the more we can do to preserve evidence, protect your family’s rights, and let you focus on each other.

Past results do not guarantee a similar outcome. Each case is unique and depends on its own facts. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.