If your family lost someone in Houston because of another person's or company's negligence, you may have a wrongful death claim. Nothing about a lawsuit replaces what was lost. What it can do is provide the financial stability your family needs going forward — and hold the responsible parties accountable in a way that protects other families from the same harm. See our overview of Texas wrongful death cases →
Houston context.
Major Roadways
I-10 (the Katy and East Freeways), I-45 (the North and Gulf Freeways), the 610 Loop, Beltway 8, US-59/I-69, and the Sam Houston Tollway.
Local Courts
Harris County Civil District Courts (201 Caroline St., Houston, TX 77002) and the U.S. District Court for the Southern District of Texas, Houston Division.
Trauma Care
Memorial Hermann–Texas Medical Center (Level I trauma), Ben Taub General Hospital (Level I trauma), Houston Methodist, and the broader Texas Medical Center complex.
Why It Matters Here
Houston is the largest city in Texas, home to the country's largest port, and produces some of the most serious wrongful death cases in the state — from refinery and industrial fatalities, to 18-wheeler crashes on the freight corridors, to drunk-driving deaths across the metro.
Houston's wrongful death docket reflects the city's unique economy. The Port of Houston, the energy corridor, and the petrochemical complex produce more industrial and refinery fatalities than any other Texas city. The freeway system carries enormous commercial truck volume that translates into routine catastrophic crashes. And the city's size produces a steady stream of drunk-driving, motorcycle, and pedestrian fatalities. Each case type has its own legal framework — and Houston has more of them than anywhere else in the state.
Who can bring a Texas wrongful death claim?
Texas wrongful death law (Tex. Civ. Prac. & Rem. Code §71.004) limits standing to:
- The surviving spouse
- The children of the decedent
- The parents of the decedent
If none of those eligible parties files within three months, the executor or administrator of the estate may do so (unless the eligible family members object). Separately, a survival claim belongs to the estate itself — covering the medical bills and pain and suffering the decedent experienced before death.
Texas is the only state that lets private employers opt out of workers' compensation. Many Houston employers — including major energy companies, refineries, and industrial operators — are "non-subscribers." When a worker is killed at a non-subscriber, the surviving family can sue the employer directly, with the employer losing many traditional defenses (no contributory negligence, no assumption of risk, no fellow-servant rule). These are some of the most valuable wrongful death cases in Texas. More on non-subscriber claims →
What damages can be recovered?
- Loss of financial support the decedent would have provided
- Loss of household services
- Loss of companionship, comfort, and society
- Mental anguish of the surviving family
- Loss of inheritance
- Funeral and burial expenses
- Under the survival claim: pre-death medical bills and pain and suffering
- In cases of gross negligence (DUI fatalities, willful refinery safety violations): punitive damages
Common Houston wrongful death scenarios.
- Refinery and petrochemical fatalities across the Ship Channel and along Highway 225
- Industrial and construction fatalities at major Houston employers
- 18-wheeler crashes on I-10, I-45, and the 610 Loop
- Tanker and hazmat truck fatalities involving cargo securement or chemical-handling failures
- Drunk-driving fatalities originating from Midtown, Washington Avenue, and the Heights
- Motorcycle and pedestrian fatalities at the metro's most dangerous intersections
The evidence that builds the case.
- The official crash, OSHA, or incident report and any criminal investigation files
- 911 audio, dispatch records, and first-responder statements
- Medical records, autopsy reports, toxicology
- Surveillance, dashcam, and plant security footage — preserved fast
- For truck cases: ECM data, ELD logs, the driver qualification file
- For refinery/industrial cases: safety records, prior OSHA citations, maintenance logs, training records
- For dram shop cases: bar receipts, server statements, video
- Economic and life-care experts for damages calculations
Texas deadlines.
Two years from the date of death to file (Tex. Civ. Prac. & Rem. Code §16.003). Cases against governmental entities require notice within much shorter windows — sometimes as little as six months. Texas applies modified comparative fault: you can still recover if you were 50% or less at fault. See our FAQ for more →
How we work with families.
Wrongful death cases require something different from other personal injury work. The legal questions matter, but so does the way the family is treated through the process. We keep clients informed, we don't push for premature settlement, and we never charge a family a dime unless we recover. Our founder Shawn Barnett has lived through serious injury himself — the recovery, the long road back — and that perspective informs how we treat families who've lost someone they love.