Houston Wrongful Death Lawyers
Texas Civil Practice & Remedies Code Chapter 71 gives surviving spouses, children, and parents the right to recover — and the survival statute gives the estate a separate claim. Patterson Law Group secured the highest Wrongful Death Settlement in Texas in 2024. We serve Houston from our Fort Worth office.
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How we serve Houston families
Patterson Law Group does not maintain a brick-and-mortar office in Houston. We serve Houston-area families from our Fort Worth and San Antonio offices. We know Texas Civil Practice & Remedies Code Chapter 71, the survival-action distinction under §71.021, the §16.003(b) two-year limitations period running from date of death, and the §33.001 comparative-fault rules that defense counsel and carriers will press hard. The initial case review is by phone or Zoom — at no cost — and we travel to Houston for depositions, mediations, hearings, and trial.
Two separate claims under Texas law
When someone dies because of another party's negligence, Texas law creates two distinct claims. They are not the same and they do not belong to the same plaintiff. We pursue both in every case where both are available.
Wrongful death (Chapter 71)
Belongs to the statutory beneficiaries under §71.004 — surviving spouse, children (minor and adult, including adopted), and parents. Recovers loss of love, companionship, financial support, household services, mental anguish, and inheritance. Two-year limitations from date of death (§16.003(b)).
Survival action (§71.021)
Belongs to the deceased's estate. Recovers the damages the deceased could have recovered had they lived — pain and suffering, mental anguish, and medical bills incurred between injury and death. Two-year limitations from injury date. Distributed via the will or Texas intestate succession.
First steps after losing a loved one in Houston
- Get the death certificate and the autopsy or medical examiner's report. Harris County deaths involving trauma, suspected violence, or unattended circumstances are handled by the Harris County Institute of Forensic Sciences at 1885 Old Spanish Trail, Houston. Order multiple certified copies.
- Preserve evidence before it disappears. Vehicle ECM data, surveillance footage, dashcam video, witness contact information, and social-media posts from the at-fault party all have destruction windows measured in days. We send preservation-of-evidence letters within hours.
- Do not give a recorded statement to the at-fault carrier. Their adjusters often call within a day or two. Refer them to us.
- Get medical records together as the family gathers them. Survival-action recovery depends on the medical record between the injury and the death. Bring what you have.
- Coordinate the probate question if there is one. A survival action belongs to the estate, which means a personal representative must be appointed. Harris County probate matters are handled at the Harris County Probate Courts. We work with probate counsel where appropriate.
- Call a lawyer before you sign anything. Early settlement offers from carriers are almost always low.
Texas wrongful death law — what Houston families should know
Statutory beneficiaries (§71.004)
Only the surviving spouse, children (minor and adult, including adopted), and parents may file a Texas wrongful-death claim. Siblings cannot.
Compensable damages (§71.010)
Loss of love, companionship, mental anguish, financial support, household services, inheritance, and (in some cases) loss of consortium.
Survival action (§71.021)
The estate's separate claim for the deceased's pre-death pain, suffering, mental anguish, and medical bills.
Two-year limitations from death (§16.003(b))
Wrongful death claims must be filed within two years of the date of death. Survival actions run on §16.003(a) from the date of injury.
Modified comparative fault (§33.001)
The family can recover as long as the deceased was 50% or less at fault. Defense pushes the deceased's percentage hard — we push back.
Paid or incurred medicals (§41.0105)
The survival-action medical-damages claim is limited to amounts actually paid or incurred. With Level I trauma stays at Memorial Hermann TMC or Ben Taub easily running into six figures before death, careful documentation matters.
Exemplary damages (§41.003 / §41.008)
Available on clear and convincing evidence of fraud, malice, or gross negligence. Drunk driving, repeated FMCSR violations, refinery-safety violations, knowingly serving an intoxicated patron, or knowingly retaining an unsafe driver support gross-negligence claims.
Liens and subrogation
Texas hospitals can attach liens to the survival-action recovery. Memorial Hermann and HCA hospital liens are routine. Health insurers and federal payers (Medicare, Medicaid, TRICARE) have subrogation rights.
Common Houston wrongful death scenarios
- Commercial truck fatalities on I-10, I-45, and Beltway 8. Heavy long-haul freight + fatigue-driven crashes + FMCSR violations.
- I-45 fatalities specifically. Often ranked among the most dangerous interstates in the country.
- Refinery and Ship Channel industrial fatalities. Texas non-subscriber claims and third-party-defendant claims against contractors, equipment owners, and chemical suppliers.
- Maritime and Jones Act fatalities. Port of Houston work, offshore-supply boat operations, and stevedoring incidents.
- Drunk-driver wrongful death. §41.003 exemplary damages cases. Texas dram-shop liability under Tex. Alc. Bev. Code §2.02.
- Motorcycle fatalities. I-10, Beltway 8, and rural-corridor crashes.
- Premises-liability fatalities. Apartment-complex negligent security, hotel pool drownings, parking-garage falls.
- Pedestrian fatalities. METRO bus stops, downtown surface streets, and Texas Medical Center pedestrian zones.
Where Houston wrongful death cases are heard
Harris County
Harris County Civil Courthouse, 201 Caroline Street, Houston. 23 District Courts handle the civil docket.
Probate (survival action)
Harris County probate matters — including appointing a personal representative for the §71.021 survival action — are handled at the Harris County Probate Courts.
Federal court (S.D. Tex.)
United States District Court for the Southern District of Texas, Houston Division, 515 Rusk Street.
Other Houston injury cases we handle
Common questions from Houston families
Who can file a wrongful death claim in Houston under Texas law?
What is the deadline to file a Houston wrongful death lawsuit?
What is the difference between a wrongful death claim and a survival action in Texas?
How much is a Houston wrongful death case worth?
Where are Houston wrongful death cases filed?
Can we recover if our loved one was partially at fault?
Are exemplary damages available in a Texas wrongful death case?
Does Patterson Law Group have an office in Houston?
How much does it cost to hire Patterson Law Group for a Houston wrongful death case?
Lost a loved one in Houston? We're here when you're ready.
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