Texas Wrongful Death Attorney

Set Up a Free Consultation With a Top Texas Wrongful Death Lawyer

At Keith B. French Law, PLLC, our Texas wrongful death lawyer has the knowledge, skills, and experience that grieving families can trust. The loss of a loved one to an accident caused by negligence is a terrible tragedy. Your family needs justice. If your loved one was involved in a fatal accident, we are here to help. Contact us at our Pearland office or our Houston office for a free, fully confidential consultation with a top-rated Texas wrongful death attorney. 

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil cause of action. When a loved one dies because of someone else’s careless or reckless actions, the law gives families a path to seek justice through a wrongful death claim. To be clear, it is not a criminal prosecution. Instead, it is a legal case that is centered on holding the wrongdoer financially accountable. Surviving family members can pursue compensation for the economic and emotional losses they have endured. While no amount of money can truly replace a life, a wrongful death claim can help ease financial burdens and provide closure. We handle all types of wrongful death cases in Texas, including: 

• Car crashes; 
• Large truck accidents; 
• Motorcycle crashes; 
• Pedestrian incidents; 
• Fall accidents; 
• Medical negligence; 
• Dangerous and defective products; and
• Nursing home abuse or neglect. 

Know the Law for Wrongful Death Claims in Texas

Texas has a civil wrongful death law (Chapter 71 of the Texas Civil Practice and Remedies Code). The statute allows certain surviving family members to seek compensation for losses resulting from a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another. Here are some of the principles that families should know about civil wrongful death laws in Texas: 

• Statutory Right to Sue is Limited to Certain Parties: Under Tex. Civ. Prac. & Rem. Code § 71.004, only the surviving spouse, children, or parents of the deceased have standing to initiate a wrongful death claim. If none of these individuals file a claim within three months of the death, the executor or administrator of the estate may bring the action unless requested not to by eligible family members. If you are not sure who should file the wrongful death lawsuit, our Texas wrongful death lawyer can help. 
• An Independent Survival Action May Be Brought Concurrently: Notably, Texas permits a separate but related cause of action known as a survival claim under Tex. Civ. Prac. & Rem. Code § 71.021. The action is filed by the estate and seeks compensation for damages the deceased would have been entitled to recover had they survived, such as pain and suffering and medical expenses. 
• Comparative Fault Can Reduce or Bar Recovery: Texas follows a modified comparative fault rule under Tex. Civ. Prac. & Rem. Code § 33.001, including for wrongful death cases. If the decedent was 51 percent or more at fault for the incident causing their death, no damages may be recovered. If the decedent was 50 percent or less at fault, any wrongful death damages will be reduced proportionally to the decedent’s share of fault.
• A Two-Year Statute of Limitations: Wrongful death lawsuits are time-sensitive. Any wrongful death lawsuit must be filed within two years from the date of death. The deadline is strictly enforced. There are only very limited exceptions, such if a minor is the primary beneficiary of the wrongful death claim. Do not wait to take action: Consult with a Texas wrongful death lawyer right away after a loved one’s fatal accident. 

An Overview of Wrongful Death Damages

The loss of a spouse, child, parent, or other close family member is a horrible tragedy. It is imperative that grieving families are able to secure all available financial support. Although the loss of a loved one will never be enough to make things right, the maximum compensation is a must. Wrongful death damages in Texas may include: 

• Pecuniary Losses (Financial Support): These damages compensate surviving family members for the loss of the deceased’s financial contributions, such as lost earning capacity, care, support, maintenance, services, and reasonable contributions to household income.
• Loss of Companionship and Society: In Texas, family members may recover for the emotional and relational loss resulting from the death, including the loss of love, comfort, companionship, and affection. Our Texas wrongful death lawyer fights tirelessly to help families secure the maximum compensation for their non-economic damages. 
• Punitive (Exemplary) Damages: Under Texas Civil Practice and Remedies Code § 71.009, punitive damages may be awarded if the wrongful death resulted from a willful act or gross negligence. These are meant to punish and deter especially egregious conduct. 

Why Families Trust Texas Wrongful Death Lawyer Keith B. French Jr.

The loss of a loved one to a fatal accident is a heartbreaking, terrible tragedy. Grieving families need to focus on recovering. Keith B. French Jr. Texas families the legal support needed during the difficult time following a wrongful death. Our approach is both compassionate and assertive. We are bold, fierce advocates for justice. Our client testimonials tell the story. Families can trust us when it matters the most. Our Texas wrongful death attorney is prepared to:  

• Hear your story and answer questions about wrongful death laws in Texas;
• Investigate the fatal accident in Texas—securing the evidence to prove liability; 
• Handle wrongful death claims paperwork and represent you in settlement talks; and
• Take aggressive action to help your family get the best possible outcome. 

Contact Our Texas Wrongful Death Lawyer Today

At Keith B. French Law, PLLC, our Texas wrongful death attorney has the skills, knowledge, and experience that you can trust. If you have any questions about wrongful death claims, we are here to help. Contact us right away for a free, no obligation consultation. With offices in Pearland and Houston, we fight for justice for grieving families throughout the region in Texas.