FREE CONSULTATION: 214.522.9404
When someone you love dies because of another person’s or company’s careless actions, the loss hits on every level. The grief is real, and so is the anger. You’re also facing financial pressures, funeral costs, and lost income. The bills don’t stop arriving just because your world has stopped.
At Crain Brogdon, LLP, our Houston wrongful death lawyer team understands what families in this city are going through, and we’re here to hold the right people accountable. If you’ve lost someone due to another party’s negligence or wrongdoing, call us today for a free consultation at (214) 522-9404.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil lawsuit filed when someone dies because of another party’s negligent, careless, or intentional conduct. Unlike a criminal case, a wrongful death claim is brought by surviving family members to recover financial compensation for their losses. Texas law specifically governs who can file and what damages can be recovered.
Under Texas law, the following family members may bring a wrongful death claim:
- Spouses of the deceased
- Adult and minor children of the deceased
- Parents of the deceased
If none of these family members file within three months of the death, the executor or administrator of the estate may file on behalf of the estate. Texas also allows a separate survival claim, which lets the estate recover for damages the deceased person suffered before death, including pain, suffering, and lost earnings.
Understanding which claims apply to your family’s situation is one of the first things we assess when we review a case.
Cases We Handle
The cases we handle include car accidents, truck accidents, and motorcycle accidents on Houston’s highways and surface streets.
We also represent families affected by premises liability and slip and fall accidents, construction and workplace injuries, food poisoning and foodborne illnesses, brain injuries, and defective products.
Houston’s Environment Creates Serious Risks
Houston is a large, industrial city with significant port activity, refinery operations, and an enormous volume of commercial truck traffic on roads like I-10, the 610 Loop, and US-59.
That environment creates real and serious risks that negligent parties sometimes ignore.
More Than One Party May Be Responsible
In many wrongful death cases, more than one party can carry legal responsibility. A truck accident might involve a negligent driver, a carrier that violated federal safety regulations, and a company that improperly loaded the cargo. A workplace fatality might trace back to a general contractor, a subcontractor, and an equipment manufacturer.
We investigate every angle and don’t let responsible parties quietly step aside.
Why Does Your Family Need a Lawyer for a Wrongful Death Case?
Your family needs a lawyer because the opposing parties, whether an insurance company, a trucking corporation, or a property owner, have legal teams working from day one to limit what they pay you.
Wrongful death cases involve evidence collection, expert witnesses, insurance negotiations, and court filings that most families have never dealt with before. Without skilled representation, families often settle for far less than their case is worth, or miss critical deadlines that permanently close the door on their claim.
The Insurance Company Is Not on Your Side
Insurance adjusters are trained to protect their employer’s bottom line, not your family’s interests. They may reach out quickly with a settlement offer that sounds significant but falls far short of your actual losses. Recorded statements, delays, and lowball offers are standard tactics.
Having legal representation from the start puts your family in a far stronger position.
Deadlines Matter
Texas law gives most families two years from the date of death to file a wrongful death lawsuit. Miss that window, and the right to recover is typically gone. A Houston wrongful death attorney tracks those deadlines, manages the legal calendar, and makes sure nothing slips through.
How Crain Brogdon, LLP Approaches a Wrongful Death Case
From the moment a family contacts us, we move quickly. Wrongful death cases require fast evidence preservation, especially in cases involving vehicles, worksites, or commercial properties.
Surveillance footage disappears. Truck data recorders get overwritten. Witnesses move. The earlier we begin, the stronger the foundation we can build.
We Prepare Every Case for Trial
Our approach is not passive. We investigate thoroughly, retain the necessary experts, and prepare every case as though it will go to trial. That preparation matters because insurance companies and defense attorneys pay attention to whether opposing counsel is willing to fight in a courtroom.
When they know we are, it changes how they approach settlement negotiations.
Our Results Speak for Themselves
Crain Brogdon, LLP has recovered significant verdicts and settlements for Texas families, including a $142 million verdict for the death of a child in a daycare setting and $6.2 million for the family of a driver killed in a truck accident.
These results reflect what it looks like when a legal team refuses to back down. Past results don’t guarantee future outcomes, but they do tell you something about how we work.
Recognized by the Legal Community
We’ve also been recognized with AV Preeminent ratings from Martindale-Hubbell, one of the legal industry’s most respected peer review systems, and we hold Top One Percent rankings from the National Association of Distinguished Attorneys.
Our firm has been featured on national news programs including CNN, ABC, and CBS, and we hold Best Lawyers and Best Law Firm designations.
These aren’t participation trophies. They reflect a track record that other attorneys, courts, and clients have recognized over many years.
Contact us now at (214) 522-9404 for a free consultation to learn how we can help your family through this tragic ordeal.
What Damages Can a Houston Wrongful Death Claim Recover?
Texas law allows surviving family members to seek compensation for a range of losses, both financial and personal. These aren’t abstract categories. They reflect real things your family has lost and will continue to lose.
Recoverable damages in a Texas wrongful death case may include:
- Lost income and future earning capacity the deceased would have provided
- Loss of companionship, care, and guidance for surviving spouses and children
- Mental anguish experienced by surviving family members
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of inheritance resulting from the premature death
In cases involving egregious conduct, such as a company that knowingly ignored a safety defect, Texas courts may also award exemplary damages (also called punitive damages) designed to punish particularly reckless behavior and deter similar conduct.
Every family’s situation is different, and the value of a wrongful death case depends on factors including the deceased’s age, income, health, and relationship with surviving family members.
We take the time to build a complete picture of what your family has lost, including losses that don’t show up on a pay stub, the guidance a parent would have given a child, the partnership a spouse counted on, the presence that can’t be replaced.
Where These Tragedies Happen in Houston
Houston’s size means that wrongful deaths occur across a wide range of environments, from the freeway interchanges of the Katy Freeway and the Southwest Freeway to construction sites in developing corridors like East Downtown and the Third Ward.
Food Service and Workplace Hazards
Commercial kitchens and restaurants throughout the city’s dense food service industry have been the source of serious foodborne illness cases.
Warehouse and distribution centers near the Port of Houston and along Beltway 8 see workplace injuries at rates that reflect the scale of industrial activity in the region.
Houston’s Roads and Traffic Risks
Harris County’s roads carry some of the heaviest traffic volume in the country. The density of 18-wheelers serving the port and the surrounding industrial corridors means that truck accidents here are not uncommon, and the injuries they cause tend to be severe.
Motorcycle riders on roads like I-45 and Highway 290 face particular exposure from drivers who fail to check blind spots or yield properly. These aren’t generic observations. They’re the kinds of cases we’ve handled.
Local Trauma Centers and Emergency Care
When injuries and deaths require emergency care, Houston families rely on Level I trauma centers including Memorial Hermann, Ben Taub General Hospital (Harris Health System), and Houston Methodist Hospital, among others.
The quality of care available in Houston is significant, but even the best trauma care can’t undo the consequences of someone else’s negligence.
What to Expect After You Contact Us
Families who reach out to Crain Brogdon, LLP can expect a straightforward process. We review the facts of your case, explain whether and how Texas wrongful death law applies, and give you an honest picture of your options.
There’s no cost to speak with us, and we handle wrongful death cases on a contingency fee basis, meaning we don’t collect a fee unless we recover compensation for you.
Once we take a case, we take responsibility for building it. That means regular communication, transparent updates, and a team that treats your case with the seriousness it deserves. We won’t push you toward a quick settlement that doesn’t reflect your family’s actual losses.
When a case calls for going to trial, we go. Our reputation in the courtroom is something we’ve built deliberately, and it serves our clients directly.
Frequently Asked Questions About Houston Wrongful Death Claims
The timeline varies based on the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in less than a year. Others, particularly those involving disputed liability or large corporations with resources to delay, can take two to three years or longer. We keep clients informed throughout the process and push back against unnecessary delays by opposing parties.
Texas follows a modified comparative fault rule. As long as your loved one was not more than 50 percent responsible for the incident, your family may still recover damages. However, the total recovery is reduced by your loved one’s percentage of fault. This is an area where having a knowledgeable attorney matters, because opposing parties often try to shift blame to the deceased to reduce what they owe.
Wrongful death damages paid directly to surviving family members do not pass through the deceased’s estate and are generally not subject to probate. Survival claim damages, however, are paid to the estate and may be subject to estate administration. Our team can help your family understand how any recovery would be structured and what that means for you.
This situation arises more often than most families expect. When the at-fault party carries insufficient coverage, we investigate every available source of compensation. Depending on the case, that might include the deceased’s own underinsured motorist coverage, a third-party employer, a property owner, a vehicle manufacturer, or another party who shares responsibility. We don’t stop at the most obvious target.
There is no upfront cost. Crain Brogdon, LLP handles wrongful death cases on a contingency fee basis. We only collect a fee if we recover money for your family. The initial consultation is also free.
Contact Crain Brogdon, LLP: Your Houston Wrongful Death Attorney
Your family has already been through enough. The legal process that follows a wrongful death is not something you should have to manage while grieving, and you don’t have to.
Crain Brogdon, LLP has spent years building the kind of record that matters in these cases, results, credentials, and a reputation for going the distance when other firms might not. We serve families across Houston and the surrounding area as a wrongful death lawyer in Houston who doesn’t treat these cases as routine, because they aren’t.
If someone’s negligence or wrongdoing took your loved one from you, call Crain Brogdon, LLP at (214) 522-9404 today. Your consultation is free, there’s no obligation, and we don’t get paid unless you do. Let’s talk about what happened and what your family’s options are.
Attorney Quentin Brogdon
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]
VIDEO: Client Testimonial
Devon Colbert describes working with Crain Brogdon, LLP to recover after a paralyzing injury.
