What Families Should Know Before Filing a Wrongful Death Claim in Texas

January 8, 2026

What Families Should Know Before Filing a Wrongful Death Claim in Texas

Losing a loved one due to someone else’s negligence or wrongdoing is one of the most difficult experiences a family can endure. Beyond the emotional pain, surviving family members often face financial hardship from medical expenses, funeral costs, and the sudden loss of income.

At Brown & Musslewhite, Ltd., LLP, our wrongful death attorneys in Houston, Texas are dedicated to helping families seek accountability and justice during this challenging time. We guide you through every step of the process with compassion and skill, ensuring that your rights are protected while helping you find a path toward healing.


📞 Call 713-234-6545 to schedule a consultation with a Houston wrongful death attorney today.


What Qualifies as a Wrongful Death Claim?

A wrongful death occurs when a person’s life is lost due to another party’s negligence, recklessness, or intentional act. In Texas, these claims are governed by the Texas Wrongful Death Act, which allows certain family members to hold the responsible party financially and legally accountable.


Common causes of wrongful death include:

  • Auto, truck, or motorcycle accidents
  • Workplace or industrial accidents
  • Defective or dangerous products
  • Medical malpractice or surgical errors
  • Premises liability accidents (such as slips, falls, or unsafe property conditions)
  • Criminal acts or gross negligence


Regardless of the cause, the legal objective is the same — to pursue justice and secure compensation for the family’s financial and emotional losses.


Who Can File a Wrongful Death Claim in Texas?

Texas law allows the following individuals to file a wrongful death claim:


  • Spouses of the deceased
  • Children, including legally adopted children
  • Parents of the deceased


If none of these individuals file within three months of the death, the executor or representative of the estate may bring the claim on behalf of the family.


The legal process can feel overwhelming during a time of grief, but our attorneys are here to provide clear guidance and handle the details so you can focus on your family’s well-being.


What Compensation Is Available in a Wrongful Death Case?

A successful wrongful death claim can provide vital financial relief and help families begin to rebuild. Possible damages include:


  • Medical expenses related to the final injury or illness
  • Funeral and burial costs
  • Loss of income and future earnings
  • Loss of companionship, love, and guidance
  • Mental anguish and emotional distress
  • Punitive damages, in cases involving egregious misconduct


Every case is unique. Our team at Brown & Musslewhite, Ltd., LLP works closely with economic and medical experts to accurately assess the financial and emotional impact of your loss and pursue full compensation on your behalf.


How Long Do You Have to File a Wrongful Death Claim in Texas?

Under Texas law, the statute of limitations for most wrongful death claims is two years from the date of death. However, there are exceptions depending on the circumstances, such as cases involving minors or concealed negligence.


Acting quickly is essential to preserve evidence, witness testimony, and your right to file a claim. Our attorneys can help you understand how these timelines apply to your situation and ensure your case is filed on time.


Why Legal Representation Matters

Wrongful death cases are often complex and emotionally charged. Insurance companies and large corporations frequently attempt to minimize payouts or deny liability altogether. Having an experienced attorney on your side can make all the difference.


At Brown & Musslewhite, Ltd., LLP, we:

  • Investigate every aspect of the case thoroughly
  • Gather and preserve key evidence
  • Handle all communication with insurance companies
  • Build strong legal arguments to support your claim
  • Pursue fair compensation — through negotiation or trial, if necessary


We approach every wrongful death case with compassion, respect, and unwavering commitment to justice.


Why Families Choose Brown & Musslewhite, Ltd., LLP

Families across Houston and throughout Texas trust our firm for our personalized service, deep experience in personal injury law, and dedication to achieving meaningful results. We take the time to listen to your story, explain your options, and stand beside you as you pursue justice for your loved one.


We believe that every family deserves to have their voice heard — and their loss recognized.


Take the First Step Toward Justice

If you’ve lost a loved one due to someone else’s negligence, you do not have to face the legal process alone. The team at Brown & Musslewhite, Ltd., LLP is ready to help you pursue accountability, closure, and the compensation you and your family deserve.

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