Houston Wrongful Death Attorney
Attorney Brian White Personal Injury Lawyers
Within the broader personal injury practice of Attorney Brian White Personal Injury Lawyers, wrongful death representation is among the most sensitive work the firm undertakes. Based at 3120 Southwest Freeway, Suite 300, in Houston's Upper Kirby district, the firm helps families across Harris County pursue civil claims after a loved one dies because of another party's negligence. This aspect of the practice sits alongside the firm's work on car, truck, motorcycle, maritime, workplace, and product liability cases — but it carries a distinct weight, because it centers on families coping with loss rather than an injured client seeking their own recovery.
How Wrongful Death Work Fits the Firm's Practice
Attorney Brian White Personal Injury Lawyers concentrates on injuries and deaths caused by the negligence of others, and a fatal accident is often the gravest expression of that negligence. Many wrongful death matters begin as the same kinds of incidents the firm handles every day — a collision on the Southwest Freeway, a commercial truck crash, a defective product, or an unsafe workplace — but end in tragedy rather than injury. Because the firm already investigates these underlying accident types, it is positioned to move directly into building a family's claim without treating the case as unfamiliar territory. The firm reports more than 45 years of combined experience and tens of millions of dollars recovered for clients, and it prepares each case as though it will go to trial, a posture the practice describes as one that insurance companies take seriously.
What a Texas Wrongful Death Claim Involves
Under Texas law, a wrongful death occurs when a person dies because of another party's wrongful act, neglect, carelessness, unskillfulness, or default. These are civil actions — separate from any criminal case — and a family can prevail even when no criminal conviction results, because the civil burden of proof is lower. The Texas statute limits who may bring a claim: the surviving spouse, the children of the deceased, and the parents of the deceased. If none of those family members file within three months of the death, the executor of the estate may file on behalf of the surviving heirs.
The firm also pursues survival actions, a companion claim filed on behalf of the deceased person's estate. A survival action seeks compensation for what the loved one endured between the injury and death — medical expenses for treatment before death, lost wages during that period, and the pain and suffering they experienced. Recovery from a survival action flows to the estate and ultimately benefits the heirs. Pursued together, a wrongful death claim and a survival action allow a family to address the full scope of their loss.
| Aspect | What It Involves | Considerations the Firm Weighs |
|---|---|---|
| Who may file | Surviving spouse, children, or parents; estate executor after three months | Confirming standing before deadlines lapse |
| Wrongful death claim | Civil action for the family's losses | Support, companionship, and guidance the loved one provided |
| Survival action | Claim by the estate for pre-death losses | Medical bills, lost wages, and pain before passing |
| Valuation | Present and future losses calculated with financial experts | Age, health, earning capacity, and circumstances of the accident |
| Shared fault | Whether the deceased bore any responsibility | How Texas comparative fault rules affect recovery |
How the Firm Approaches a Family's Case
Attorney Brian White Personal Injury Lawyers describes a client-centered process that keeps families informed and supported while the legal work proceeds. In broad terms, a wrongful death matter tends to move through these stages:
- A free consultation to review the loss, the circumstances of the death, and the family's legal rights and options.
- Confirming who has standing to file under the Texas wrongful death statute and preserving the estate's ability to bring a survival action.
- Investigating the underlying accident and identifying the parties who may be held liable.
- Working with financial experts to calculate both present and future losses, so the family recovers the full measure of damages available under Texas law.
- Preparing the case as if it will go to trial, strengthening the family's position during negotiation with insurers and defendants.
- Resolving the matter through settlement or, when necessary, taking it before a jury.
The firm handles these claims on a contingency basis consistent with personal injury practice, keeping legal help accessible to families already facing financial strain from their loss.
Serving Houston and Harris County Families
The Upper Kirby office sits just off U.S. 59, making it reachable for families across Houston and the surrounding Harris County communities. The firm serves neighborhoods and areas including River Oaks, Southampton, West University Place, Bellaire, Midtown, the Greater Heights, Sharpstown, Meyerland, Braeswood, the Museum District near the Houston Museum of Natural Science and Hermann Park, and the memorial villages such as Hunters Creek Village and Piney Point Village. Its central location near Greenway Plaza, the Kirby corridor, and landmarks like Levy Park and Buffalo Bayou Park places it within easy reach of residents throughout the metropolitan area.
What Sets This Work Apart
What distinguishes Attorney Brian White Personal Injury Lawyers in these cases, by the firm's own account, is the combination of a trial-ready reputation and a genuinely personal approach — treating each family's case as a priority rather than a file. Families seeking guidance after losing a loved one can reach the Houston office at +1 713-500-5000 to discuss their circumstances and understand the paths available under Texas law.
Getting here
From Downtown Aquarium
The drive from the Downtown Aquarium covers roughly 5.0 miles and takes about 11 minutes. Head southwest along Bagby St and Memorial Dr, then continue via Smith St toward the office.
Common questions
How much can you sue for wrongful death in Texas?
Texas does not cap most damages in wrongful death claims, so the amount depends on the losses proven. Families may seek compensation for lost earning capacity, lost companionship, mental anguish, and lost inheritance, plus possible exemplary damages in cases of gross negligence. Because each case turns on unique facts, firms like Attorney Brian White Personal Injury Lawyers in Houston's Upper Kirby district evaluate the specific circumstances before estimating a claim's value.
What is the typical payout for a wrongful death suit in Houston?
There is no single typical figure, since wrongful death settlements vary widely based on liability, the deceased's income, the family's losses, and available insurance coverage. Outcomes range from modest amounts to substantial recoveries. A Houston personal injury practice such as Attorney Brian White Personal Injury Lawyers reviews medical records, financial history, and the circumstances of the incident to project a realistic range rather than relying on generic averages.
What are the odds of winning a wrongful death lawsuit in Houston?
Odds depend heavily on evidence, clear liability, and the strength of the causal link between negligence and the death. Cases with documented fault and solid records fare better, while disputed liability lowers the chances. Rather than quoting statistics, Houston firms like Attorney Brian White Personal Injury Lawyers assess each case individually, gathering evidence and consulting experts to determine how a claim is likely to hold up under Texas law.
Who pays the money in a wrongful death lawsuit in Houston?
In most cases, payment comes from the at-fault party's insurance policy rather than directly from the individual, though personal or corporate assets can be involved in larger claims. Commercial policies often apply in truck, workplace, or maritime deaths. Attorney Brian White Personal Injury Lawyers, based off the Southwest Freeway in Houston, handles matters including wrongful death, identifying every responsible party and applicable insurance coverage.
What is considered wrongful death in Texas?
Under Texas law, wrongful death occurs when a person dies because of another party's negligence, carelessness, or wrongful act—covering car and truck crashes, workplace incidents, defective products, and maritime accidents. Certain surviving family members, such as a spouse, children, or parents, may bring the claim. Attorney Brian White Personal Injury Lawyers in Houston represents families in these matters alongside its broader personal injury work throughout Harris County.
What not to say to a personal injury lawyer in Houston?
Honesty matters most, so avoid exaggerating injuries, hiding prior conditions, or downplaying facts—withholding details can weaken your case later. It also helps not to discuss your claim on social media or give recorded statements to insurers before consulting counsel. A Houston personal injury firm like Attorney Brian White Personal Injury Lawyers relies on accurate, complete information to build the strongest possible case for a client.
Who are the beneficiaries in a Texas wrongful death claim in Houston?
Under Texas law, a wrongful death claim may be brought by the surviving spouse (including common-law spouses), the children (biological and adopted), and the parents of the deceased. Siblings and grandparents cannot file. If no eligible family member files within three months, the estate's personal representative may do so. Attorney Brian White Personal Injury Lawyers, based in Houston's Upper Kirby district, handles wrongful death matters for Harris County families.
How long does it take to file a wrongful death lawsuit in Texas from Houston?
Texas generally allows two years from the date of death to file, under the Civil Practice and Remedies Code § 16.003. Surviving spouses, children, and parents have the first three months to act before the estate's executor may file. Minor beneficiaries typically have until two years after turning 18. Firms like Attorney Brian White Personal Injury Lawyers in Houston help Harris County families track these deadlines carefully.
What is the typical payout for a wrongful death suit in Houston?
Outcomes vary widely, commonly ranging from around $100,000 to over $1 million. National averages fall near $973,000 with medians closer to $294,000. Car and truck crashes often run $300,000 to $5 million, with higher figures involving commercial trucks. Actual results depend on insurance, assets, and losses. A Houston personal injury practice like Attorney Brian White Personal Injury Lawyers evaluates each case on its specific facts.
What are the odds of winning a wrongful death lawsuit in Houston?
At trial, plaintiffs succeed roughly 60% of the time, but more than 90% of cases resolve through settlement rather than a verdict. Success hinges on proving duty of care, breach, causation, and damages, and on evidence quality, comparative fault, and meeting filing deadlines. Houston firms such as Attorney Brian White Personal Injury Lawyers focus on building the documentation that drives these outcomes for Harris County clients.
How long does a wrongful death lawsuit usually take in Houston?
Most run 12 to 36 months. Cases that settle early can conclude in about six months, while those reaching trial may take two to four years. Typical stages include investigation and filing (one to six months), discovery (six to eighteen months), negotiation or mediation (three to twelve months), and trial. Attorney Brian White Personal Injury Lawyers guides Houston-area families through each phase.
Who pays for a wrongful death lawsuit in Houston?
Compensation typically comes from the at-fault party's insurance company. If coverage is inadequate, the responsible individual, business, or employer may be liable. Employers can pay under vicarious liability when an employee caused the death on the job. Funds flow through the estate's personal representative to eligible beneficiaries. A Houston firm like Attorney Brian White Personal Injury Lawyers identifies every available source of recovery for Harris County families.
Do you pay taxes on a wrongful death settlement in Houston?
Generally, compensatory wrongful death damages are not subject to income tax—this includes loss of companionship, medical reimbursement, funeral costs, and pre-death pain and suffering. Punitive damages and any accrued interest are typically taxable. Because tax treatment depends on how a settlement is structured, Houston families working with practices like Attorney Brian White Personal Injury Lawyers often confirm details with a tax professional.