Harris County Wrongful Death Lawyer
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Losing a loved one is devastating. When that loss happens in Harris County because of someone else’s wrongful act, the pain is compounded by confusion. Medical bills are piling up. Financial support is gone. And insurance companies are already moving to protect themselves, not your family. You should not have to face that alone while you are grieving. At LeMaster Law Firm, we represent surviving family members who have lost a loved one due to someone else’s negligence. We are rooted in northwest Houston, we know Harris County courts, and we are ready to fight for your family.
Why Choose LeMaster Law Firm to Handle Your Wrongful Death Case in Harris County, TX
When your family is going through a difficult time, you need Houston wrongful death attorneys who treat you like a person, not a case number. At LeMaster Law Firm, you get direct access to our attorneys. Before founding LeMaster Law Firm, Jennifer LeMaster worked as in-house counsel for an oil and gas company and later as a partner at an international law firm representing insurance companies. That inside knowledge of how insurers operate is now on your side.
What Our Clients Say About Us
“I would love to start by saying this team is outstanding. LeMaster and her team really made the process super easy to understand and made sure I knew the in-and-outs of this lawsuit. I genuinely felt that they were my family with how they cared for me and their attitude towards what they felt I deserved. After the lawsuit was completed, I am blessed to say I have a fantastic start on life as an 24 year old and can give all credit to LeMaster Law firm for getting me there. I HIGHLY RECOMMEND this team!!!!” — Lane O.
“Our friends recommended us to LeMaster Law Firm for an accident that husband had. They were absolutely amazing to work with. They stayed in contact along the way. They always made us feel comfortable and they were honest with us the entire time. It was a wonderful experience and I would recommend them to anyone! 10 out of 10!” — Lindsey C.
“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.
Meet Your Harris County Wrongful Death Lawyers
What a Wrongful Death Lawyer Does
A Houston wrongful death lawyer represents the surviving family members of a person who died because of someone else’s negligence, intentional act, or strict liability. Our job is to handle the legal side so you can focus on your family.
A wrongful death attorney handles the following on your case:
- Investigates how your loved one’s death occurred
- Gathers evidence such as police reports, medical records, and witness statements
- Identifies all responsible parties who may share liability
- Calculates the full scope of potential damages
- Negotiates with insurance companies or takes the case to trial
How to Choose a Wrongful Death Attorney in Harris County
Not every personal injury attorney handles wrongful death cases. The following factors matter when looking for legal representation in Harris County:
- Experience handling wrongful death cases under Texas law
- Trial experience in Harris County courts
- A track record of verdicts and recoveries for families
- Client testimonials and reputation in the legal community
- Personalized attention from someone who will know your case, not just your file number
How Our Wrongful Death Lawyer Can Help You
Filing a wrongful death lawsuit while grieving is overwhelming. Our legal team steps in so you are not doing this alone. We take on the work so your family can focus on healing.
We help clients in Harris County by:
- Providing compassionate guidance and explaining your legal options in plain language
- Conducting thorough investigations to build the strongest possible case
- Handling all contact and negotiations with insurance companies
- Advising on all types of damages, including medical expenses, funeral expenses, lost income, and loss of companionship
- Developing a strategy for both settlement and, if needed, litigation
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies because of another party’s wrongful act, neglect, carelessness, unskillfulness, or default. Under Texas law, this type of claim is separate from any criminal case. It focuses on the losses surviving family members suffer because of the death, including financial losses and the personal impact of losing someone they loved.
Understanding Wrongful Death Under Texas Law
Texas wrongful death law is specific about who can file and what they can recover. The Texas Civil Practice and Remedies Code sets out the rules clearly.
Texas wrongful death law covers the following key points:
- The surviving spouse, children, and parents may bring a wrongful death claim under Texas law
- If none of those family members files within three months of the death, the executor or administrator of the estate may file the claim unless the family requests otherwise
- A wrongful death claim focuses on the losses suffered by surviving family members, while a separate survival claim may cover the losses the deceased person could have pursued if they had lived
- Compensation may include both financial losses and the personal impact of the loss, such as mental anguish and loss of companionship
Common Types of Wrongful Death Cases in Harris County
Fatal injuries can happen in many different ways. We handle a wide range of wrongful death cases across Harris County.
Common causes of wrongful death claims in our area include:
- Car accidents and other motor vehicle collisions
- Truck accidents and commercial vehicle crashes
- Motorcycle accidents
- Workplace accidents
- Defective products and product liability claims
- Assaults and other criminal acts
- Drunk driving crashes
Who Can File a Wrongful Death Claim in Texas?
Texas law limits who is entitled to bring a wrongful death lawsuit. Understanding whether you qualify is the first step in the legal process.
Under Texas law, the following people may file a wrongful death claim:
- The surviving spouse of the deceased person
- Children of the deceased person, including adopted children
- Parents of the deceased person
If no individual files the claim within three months after the death, the executor or administrator of the estate may bring the claim unless the eligible family members request that a case be filed.
Can Multiple Family Members File Together?
Yes. Multiple eligible family members can bring a wrongful death claim together. If the case goes to trial, the jury may divide any damages among the eligible family members based on each person’s losses. Filing together can help present a fuller picture of how the death affected the family and may help avoid unnecessary disputes during the case.
What Do You Have to Prove in a Death Claim?
To recover in a wrongful death case, you generally must show that the other party’s wrongful conduct caused your loved one’s death and that your family suffered losses as a result. Depending on the facts, that may involve proving:
- The defendant owed your loved one a legal duty
- The defendant failed to meet that duty through negligence or other wrongful conduct
- That failure caused the fatal injury
- Your family suffered compensable losses because of the death
What Types of Compensation Can Families Recover in a Wrongful Death Case?
Texas law allows surviving family members to seek a range of damages. The law accounts for both the financial losses and the emotional toll caused by a loved one’s death.
Recoverable types of damages in a Texas wrongful death case may include:
- Medical expenses and funeral expenses related to the fatal injury
- Loss of the financial support and benefits the deceased would have provided
- Loss of companionship, society, care, maintenance, and support
- Mental anguish suffered by surviving family members
- Exemplary damages in cases involving gross negligence or willful misconduct, when allowed by law
- Loss of inheritance for eligible family members who relied on the deceased person’s expected future earnings
What Factors Could Affect the Value of My Case?
Every wrongful death case is different. Several things can affect how much financial compensation your family may recover.
Key factors include:
- The age and earning capacity of the deceased person
- The number of statutory beneficiaries and dependents who relied on the decedent
- The degree of negligence or fault on the part of the responsible parties
- The insurance policy limits held by the negligent parties
- The strength of the evidence and the complexity of the litigation
How to File a Wrongful Death Lawsuit?
Filing a wrongful death suit in Harris County involves several steps. Acting quickly matters because Texas law sets a strict deadline.
The legal process includes the following steps:
- Consult an experienced attorney as soon as possible after your loved one’s death
- Identify all statutory beneficiaries who may be eligible to join the claim
- Gather documentation and evidence tied to the date of death and the wrongful act
- Draft and file the formal complaint in the proper Harris County court
- Serve the defendants and begin the discovery phase
What Happens After I File a Claim?
Once your wrongful death lawsuit is filed, the case moves through a set legal process. Our legal team prepares every case for trial, even when a settlement is possible.
The process follows these stages:
- Discovery: Both sides exchange evidence, medical records, and police reports
- Settlement negotiations: We work to reach a fair resolution with the responsible parties
- Mediation or arbitration: An optional step that may resolve the case without a trial
- Trial: If no fair settlement is reached, we take your case before a jury
What Is the Statute of Limitations for Wrongful Death in Texas?
Time is a critical factor in wrongful death cases. Texas sets a firm deadline for filing.
Under Tex. Civ. Prac. & Rem. Code § 16.003(b), surviving family members must file a wrongful death lawsuit within two years from the date of death. If you miss that deadline, you may lose the right to recover any financial compensation at all. Exceptions may apply in limited circumstances, but you should not wait to find out. The sooner you speak with a Houston wrongful death lawyer, the better your options will be.
Frequently Asked Questions
What Is the Difference Between Wrongful Death and Survival Action?
These are two separate legal claims. A wrongful death claim covers the losses surviving family members suffer because of the death, such as lost financial support, mental anguish, and loss of companionship. A survival action belongs to the estate and covers the claims the deceased person could have brought if they had lived, such as conscious pain and suffering, medical expenses incurred before death, and other related losses. Both claims may arise from the same event and are often pursued together.
Does Insurance Cover Wrongful Death?
It depends on how the death happened and what coverage is available. In many cases, auto insurance, commercial liability insurance, homeowners insurance, or other liability policies may apply. Life insurance is different. It may provide benefits to the named beneficiaries, but it is not the same as liability coverage for the party who caused the death. We help families identify available coverage and pursue all appropriate sources of compensation.
How Long Does a Wrongful Death Case Take?
There is no single answer. Some cases resolve in a few months through a negotiated settlement. Others, especially contested claims or wrongful death cases that go to trial, can take one to three years. The timeline depends on the strength of the evidence, how cooperative the responsible parties are, and the court’s schedule in Harris County. We provide honest legal advice and keep you informed at every stage.
What if My Loved One Was Partially at Fault?
Texas follows a modified comparative fault rule. If the deceased person was partly responsible for the accident, your family’s recovery may be reduced by that percentage of fault. If the deceased person was more than 50% responsible, recovery may be barred. We work to push back against unfair attempts to place blame on your loved one and to present the strongest facts available.
Contact Our Harris County Wrongful Death Attorney Today
If you have lost a loved one in Harris County because of someone else’s negligence, we are here to help you understand your options. LeMaster Law Firm offers free consultations, and our intake team is available 24/7. We handle wrongful death cases on a contingency fee, so you pay nothing unless we recover compensation for you. Call 832-356-7983 or reach out through our contact form to speak with our legal team today.
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.
