Houston Wrongful Death Lawyer
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A loved one’s death creates immense emotional and financial hardship for a family. When negligence or a wrongful act causes that loss, families must cope not only with grief but also with lost income, medical bills, funeral expenses, and the difficult reality of moving forward without someone they love.
After a fatal accident, insurance companies often begin building their defense immediately. Their representatives may appear supportive, but their focus is on limiting financial payouts and protecting company interests. Without legal help, families may struggle to pursue financial recovery while the responsible party avoids full accountability.
At LeMaster Law Firm, we understand the emotional weight that wrongful death cases place on families. Our legal team represents families in Tomball, Spring, Magnolia, Cypress, The Woodlands, Conroe, and surrounding northwest Houston communities. We investigate the circumstances surrounding your loved one’s death, manage the legal process, and pursue financial recovery under Texas law while you focus on your family and healing.
Why Choose LeMaster Law Firm for Your Wrongful Death Case
After the loss of a loved one, choosing the right attorney matters. At LeMaster Law Firm, we represent families across northwest Houston in wrongful death claims involving fatal accidents caused by negligence.
Jennifer LeMaster spent years defending insurance companies before founding the firm. That experience provides insight into how insurers investigate claims, challenge causation, and calculate damages. We apply that knowledge while representing families who lost loved ones because of negligence.
We guide families through the legal process under the Texas Civil Practice and Remedies Code with clear communication and personal attention. Our goal is to hold negligent parties accountable while helping families pursue financial recovery.
Jennifer LeMaster Is a Super Lawyers Attorney With Experience on Both Sides of Insurance Litigation
Jennifer LeMaster earned recognition as a Texas Super Lawyers honoree from 2021 through 2026, a designation awarded to a small percentage of attorneys in the state. She founded LeMaster Law Firm in 2017.
Before founding the firm, Jennifer served as in-house counsel for an oil and gas company, handling complex coverage disputes. She later worked at an international law firm representing insurance companies in personal injury and wrongful death litigation, where she became a partner.
That experience gave her firsthand knowledge of how insurers investigate claims, challenge liability, and evaluate damages. Today, she applies that experience while representing families who lost loved ones due to negligence.
Meet Your Houston Wrongful Death Lawyers
Client Testimonials
“I had an excellent experience with LeMaster Law Firm. From the very beginning, they were professional, knowledgeable, and genuinely cared about my case. They explained every step clearly, kept me informed, and handled all the insurance issues so I didn’t have to stress. Thanks to Jennifer and Tanya’s hard work, I received a fair settlement. I highly recommend Jennifer LeMaster, at LeMaster Law Firm, to anyone in need of an auto injury attorney.” — Cassidy A.
“The LeMaster team was amazing we couldn’t have gotten the result we did without them! Me and my boyfriend were involved in a traumatic car accident and they were with us every step of the way with a seamless process and really with just any support we needed whether it was emotionally, professionally or any questions we had at anytime during our time with them. Truly grateful for this team and would highly recommend trusting in them to get you the results you deserve!” — Andrea P.
“A friend has suggested using JENNIFER as my lawyer. She had helped him out when he was in an accident. JENNIFER made sure that everything has been taken care of with my bills from the hospital and with my insurance her team was great and got me more money than I was even expected. She told me that she was only concerned with what I needed and got me everything that she promised she was great.” — Alan F.
Contact LeMaster Law Firm for a Free Wrongful Death Case Review
If you lost a loved one in Texas because of someone else’s wrongful act, you do not have to face this situation alone. LeMaster Law Firm offers free consultations to help families understand their legal rights and options.
Call (832) 356-7983 or complete our online contact form to request a free case evaluation. Our team provides 24/7 intake support and treats every conversation with care and respect.
What Is Wrongful Death?
A wrongful death occurs when a person dies because another individual or company commits a wrongful act or acts with neglect, carelessness, unskillfulness, or default. This type of claim is a civil action, not a criminal prosecution. Texas law allows certain surviving family members to pursue financial recovery for the losses caused by the death.
Situations that commonly lead to wrongful death claims include:
- Car accidents and truck accidents
- Workplace or construction accidents
- Premises liability involving unsafe property conditions
Can You Sue for Wrongful Death in Texas?
Yes. Families can file a lawsuit when another party’s negligence or intentional act causes a fatal injury.
To succeed in a wrongful death case, the claim must establish four legal elements:
- The responsible party owed a duty of care to the deceased.
- The party breached that duty through negligence or a wrongful act.
- The breach directly caused the fatal injury.
- Surviving family members suffered damages because of the death.
Texas follows proportionate responsibility rules. If the deceased person shared some fault for the accident, the court may reduce the amount of damages awarded.
How Is Liability Determined in a Texas Wrongful Death Case?
Courts determine liability by reviewing evidence that shows how the fatal injury occurred and who was responsible. Attorneys gather and examine this evidence to establish negligence and causation.
Common forms of evidence include:
- Accident reports prepared by law enforcement or investigators
- Witness statements from individuals who observed the incident
- Medical records and autopsy reports linking the injuries to the cause of death
- Physical and digital evidence such as photographs, surveillance footage, vehicle data, or workplace safety records
Texas follows a modified comparative fault rule. If the deceased person was more than 50% responsible for the incident, the family cannot recover damages. If the deceased was 50% or less responsible, the court reduces damages based on the assigned percentage of fault.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 71.004, only certain family members qualify to file a wrongful death lawsuit.
Eligible individuals include:
- The surviving spouse
- Children, including legally adopted children
- Parents, whether biological or adoptive
If none of these family members files a lawsuit within three months of the death, the personal representative or executor of the estate may file the claim unless the family requests otherwise.
How To File a Wrongful Death Claim in Texas
Families must complete several legal steps when pursuing a wrongful death claim. An attorney can manage the process and guide the family through each stage.
The process typically includes:
- Investigating the fatal accident
- Identifying responsible parties
- Calculating financial and personal losses
- Filing a lawsuit in the appropriate court
- Exchanging evidence during discovery
- Negotiating a settlement or preparing for trial
What Damages Are Available in a Texas Wrongful Death Claim?
Texas law allows certain surviving family members to recover damages for the losses they personally suffered because of the death.
Economic Damages
Economic damages address measurable financial losses related to the death.
Examples may include:
- Loss of the income the deceased would likely have earned
- Loss of services such as childcare, household support, or home maintenance
- Loss of inheritance the deceased may have accumulated for family members
- Funeral and burial expenses in appropriate cases
Non-Economic Damages
Non-economic damages address personal losses that do not have a direct financial value.
Examples may include:
- Mental anguish and emotional suffering
- Loss of companionship and emotional support
- Loss of the relationship and guidance the deceased provided
Who Can Receive Compensation?
Compensation depends on the type of claim.
Wrongful death damages go to the surviving spouse, children, and parents. These damages address the losses those family members experienced after the death.
Survival damages belong to the deceased person’s estate. The estate distributes these funds according to the individual’s will or the applicable inheritance laws.
Can Punitive Damages Be Awarded in a Texas Wrongful Death Case?
Yes. Courts may award exemplary damages if the death resulted from willful conduct or gross negligence. These damages are intended to punish serious misconduct and discourage similar behavior in the future.
Texas law generally limits the amount of exemplary damages available in civil cases under Chapter 41 of the Texas Civil Practice and Remedies Code. A claim must meet a higher evidentiary standard known as clear and convincing evidence.
Is There an Average Settlement for Wrongful Death in Texas?
There is no standard settlement amount for wrongful death cases. Each claim depends on its specific facts and circumstances.
Settlement values often depend on several factors:
- The age and health of the deceased
- The person’s earning capacity and projected future income
- The strength of the evidence supporting liability
- The amount of insurance coverage available
How Is Compensation Distributed Among Family Members in a Texas Wrongful Death Claim?
When multiple beneficiaries exist, the court determines how damages will be distributed. The allocation depends on the losses each family member experienced.
Courts may consider:
- The financial support each family member received from the deceased
- The mental anguish experienced by each person
- The nature of each relationship with the deceased
If family members cannot agree on distribution, a jury may determine the percentage awarded to each beneficiary.
What Is the Statute of Limitations for Filing Texas Wrongful Death Claims?
Texas wrongful death claims must meet strict filing deadlines. Under Texas Civil Practice and Remedies Code § 16.003(b), families generally have two years from the date of death to file a lawsuit.
If the claim is not filed within this period, the court may dismiss the case. Certain exceptions may apply in limited situations, such as when the claimant is a minor or when fraud concealed the cause of death. Claims involving government entities may involve shorter deadlines.
Why Families Seek Legal Help After a Fatal Accident
Families often seek legal guidance soon after a fatal accident because insurance companies move quickly to protect their financial interests.
Legal representation may become important when:
- Liability for the accident is disputed
- Multiple parties may share responsibility
- The death occurred during a workplace or construction accident
- The insurance company denies the claim or offers a low settlement
Choosing the Right Wrongful Death Lawyer
Choosing the right attorney can affect how a wrongful death claim proceeds. Families often consider several factors when selecting legal representation.
These factors may include:
- Experience handling wrongful death litigation
- Knowledge of Texas civil procedure and local courts
- Clear contingency fee agreements
- Reviews from individuals who previously worked with the firm
How Much Does a Wrongful Death Lawyer Cost?
Most wrongful death attorneys in Texas handle these cases through contingency fee agreements. This arrangement allows families to pursue a claim without paying upfront legal fees.
Under a contingency fee structure:
- There are no upfront attorney’s fees.
- The attorney receives payment only if the case results in financial recovery.
- The attorney’s fee is a percentage of the recovery obtained.
Speak With Our Texas Wrongful Death Lawyer About Your Legal Options
The death of a loved one caused by someone else’s negligence can leave families facing grief, medical expenses, lost income, and complicated insurance claims. At LeMaster Law Firm, we represent families across Tomball, Spring, Magnolia, Cypress, The Woodlands, Conroe, and nearby communities in northwest Houston.
We work to hold negligent parties accountable and pursue financial recovery under Texas law.
Call (832) 356-7983 or complete our online contact form to request a free consultation. Our intake team is available 24/7 to speak with you.
Written By Jennifer LeMaster
Jennifer LeMaster is the founder of LeMaster Law Firm, representing injured Texans in personal injury, car accident, wrongful death, and insurance bad faith cases throughout the Houston area. With more than 20 years of legal experience, including prior work as an insurance defense attorney, Ms. LeMaster brings an insider’s understanding of how insurers operate to every case she takes. She has been named to Texas Super Lawyers annually from 2021 through 2026, holds a Martindale “Distinguished” peer rating, and earned her J.D., cum laude, from the University of Houston Law Center.
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