Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in car accident cases, focusing on securing compensation for clients' medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, 18-wheeler accidents.
Website: carabinshaw.com
Why choose them? Carabin Shaw offers a free initial consultation, and their team is known for fighting aggressively for their clients' rights.
The sudden loss of a loved one in a car accident is one of life’s most devastating experiences. The emotional pain, financial strain, and legal questions that follow can be overwhelming for any family. In Houston—where high-speed freeways and dense traffic create a higher risk of fatal crashes—these tragedies occur far too often. Time is of the essence, call our Car Accident Attorneys in Houston Today
If someone else’s negligence caused the death of your family member, you may have the right to pursue a wrongful death claim. This legal action can provide financial relief, accountability, and a measure of justice in the face of unimaginable loss. This article explains how wrongful death claims work in Houston, who is eligible to file, what damages may be recovered, and how a car accident attorney can help you through every step. Find more information on our Houston Car Accident Attorneys here
A wrongful death claim is a legal action brought when a person dies as a result of another’s negligence, recklessness, or intentional wrongdoing. Under Texas Civil Practice & Remedies Code Section 71, surviving family members can sue for damages resulting from the loss.
In the context of car accidents, wrongful death claims are typically filed against:
A negligent driver (e.g., speeding, drunk, distracted)
A commercial vehicle operator and their employer
A rideshare or delivery company
An auto manufacturer (in defective vehicle cases)
A government entity responsible for dangerous road conditions
To succeed in a claim, your attorney must prove:
The death was caused by the defendant’s negligence or misconduct
The deceased would have been entitled to file a personal injury claim if they had survived
Surviving family members suffered measurable damages as a result
Under Texas law, only certain family members are eligible to file a wrongful death lawsuit. These include:
The surviving spouse
Children (biological or legally adopted)
Parents (biological or adoptive)
If none of these individuals file a claim within three months of the death, the executor of the estate may pursue the claim on behalf of all beneficiaries—unless a family member specifically requests otherwise.
Note: Siblings, grandparents, and romantic partners not legally married to the deceased are not permitted to file under Texas law.
Wrongful death claims seek to compensate survivors for both economic and non-economic losses. These may include:
Economic Damages:
Loss of financial support: Wages and benefits the deceased would have earned
Loss of inheritance: Future wealth the deceased would have passed down
Funeral and burial expenses: If not already covered by the estate
Non-Economic Damages:
Loss of companionship: Emotional suffering from the loss of a spouse or parent
Loss of care, advice, and guidance: Especially relevant for minor children
Mental anguish: Grief, trauma, and suffering caused by the untimely death
In rare cases involving gross negligence or intentional harm (e.g., DUI, reckless racing), courts may also award punitive damages to punish the wrongdoer and deter future misconduct.
Texas has a two-year statute of limitations for wrongful death claims. The clock starts on the date of death—not the date of the accident, if the victim survived temporarily before passing.
If you miss this deadline, the court may dismiss your case, regardless of how strong your claim is. There are very few exceptions, which your attorney can explain based on your specific situation.
Understanding the most frequent causes of deadly crashes can help in identifying negligence:
Drunk driving (DWI): A leading cause of wrongful death lawsuits in Texas
Distracted driving: Including texting, eating, or using in-car entertainment systems
Speeding: High-speed crashes often result in fatal injuries
Running red lights or stop signs
Head-on collisions
Highway construction zone accidents
Commercial vehicle or truck crashes
Your attorney will investigate the specific cause of the crash to build a case around the other party’s negligent behavior.
Handling a wrongful death claim without legal guidance is incredibly difficult—especially while grieving. A compassionate and experienced attorney will:
Conduct a thorough investigation of the accident
Secure police reports, traffic camera footage, black box data, and witness statements
Hire expert witnesses to support your claim
Calculate the full value of your damages
File insurance claims and manage all correspondence
File a lawsuit if settlement negotiations fail
Represent you in court and fight for maximum compensation
Your attorney will also serve as a buffer between you and the insurance company—ensuring you’re not exploited or pressured into settling for less than your family deserves.
What About Criminal Charges?
In some fatal car accidents, the at-fault driver may face criminal charges (e.g., vehicular manslaughter or DWI). A wrongful death lawsuit is a civil case, which is entirely separate from the criminal proceedings.
Even if the driver is not convicted—or is never charged—you can still pursue civil damages. The burden of proof in civil court (“preponderance of evidence”) is lower than in criminal court (“beyond a reasonable doubt”), which gives your case a better chance of success even if criminal penalties aren’t pursued.
How Are Wrongful Death Settlements Divided?
If multiple family members file a claim or are eligible for compensation, the court may divide the settlement or award based on:
The financial dependency each person had on the deceased
The strength of the relationship
Individual emotional suffering or losses
The court may approve a single lump-sum settlement or apportion damages individually. Your attorney can help negotiate an equitable resolution among family members to avoid disputes.
The Emotional Value of Justice
While no amount of money can replace a loved one, wrongful death claims serve a critical purpose. They:
Hold negligent individuals accountable
Create a legacy of justice for the deceased
Ease the financial burden left on surviving family members
Help prevent similar tragedies by forcing companies or individuals to improve safety practices
In some cases, the closure that comes from seeing justice served is as valuable as the compensation itself.
Losing a loved one in a Houston car accident is an unimaginable tragedy. If the death was caused by another person’s negligence, you deserve answers—and justice. Filing a wrongful death claim allows you to hold the responsible party accountable while securing the financial support your family needs to move forward.
Don’t wait. Contact a compassionate and experienced Houston car accident attorney today to discuss your case and start the process of healing with confidence and legal support.