A wrongful death occurs when a person’s negligence or intentional action leads to the unjust death of another person. There are laws that allow surviving family members to take legal action through a civil lawsuit for wrongful death when another person is responsible. The Texas Civil Practice and Remedies Code §71.002 states that a person is liable to provide financial compensation to the deceased person’s family when they cause death through an “unlawful act, negligence, carelessness, lack of skill, or breach of duty.” Therefore, if another person’s negligence caused the death of your loved one, you can file a wrongful death lawsuit against them.
At The Law Offices of Hilda Sibrian™, our experienced Houston wrongful death lawyers have worked on some of the most emotional cases. Losing a loved one in an accident is devastating, especially when it’s known that the death could have easily been avoided if the negligent party had acted with care. While we understand that our legal representation can never bring your loved one back, we hope that our services and the pursuit of justice can provide some comfort to the surviving family members.
If you have recently lost a loved one, the Houston wrongful death legal experts at Hilda Sibrian® are here to help you during these difficult times. You can discuss your legal options and ask any questions you may have about the wrongful death claim process when you contact us for a free review of your case. We will work tirelessly to fight for the fair compensation you are entitled to.
Injury Attorney Hilda Sibrian believes that everyone deserves diligent and capable legal representation to improve their chances of recovery after an accident. If you or a loved one were injured because of someone else’s fault or wrongdoing, call us. We’re here for you 24/7.
Car accidents are one of the leading causes of fatal injuries. Other drivers can be responsible for the victim’s death due to negligent driving actions, such as:
If your family member’s death was caused by a fatal accident at work, you may be able to seek compensation through a wrongful death claim against the responsible party, in addition to a workers’ compensation claim. For example, many Houston residents work in
refineries.
If a company fails to maintain equipment in the refinery, leading to an explosion that kills a worker, the worker’s family can file a wrongful death lawsuit against that company.
Due to the significant difference in size and weight between trucks and passenger vehicles, truck accidents are often fatal. Surviving family members may find it challenging to go up against trucking companies with their substantial resources, but our wrongful death attorneys can assist.
Motor vehicle accidents involving cyclists frequently result in fatal injuries to the cyclist. Our respected wrongful death attorneys can help the loved ones of a cyclist seek compensation through a lawsuit.
Victims of motorcycle accidents lack the protection of a steel frame, airbags, and seatbelts, so colliding with a larger passenger vehicle often results in fatalities.
Pedestrians have little protection when a vehicle collides with them, so these accidents often have fatal consequences.
One of the primary causes of wrongful death lawsuits is slip and fall accidents that occur because property owners allow hazardous conditions on their premises.
Wrongful death cases are often complex. Dealing with the unexpected death of a loved one can be emotionally devastating, yet thinking about how to protect your legal rights by filing a lawsuit is essential. Having capable legal counsel during this time can ensure that the legal aspects of the wrongful death claim are handled by a professional while you focus on your family and grieving your loss.
A wrongful death case is a civil action. What happens in this case is independent and distinct from any criminal investigation into the death of your loved one. This is a special type of personal injury case that aims to alleviate the financial burden caused by the sudden death of your loved one.
The time you have to file a wrongful death action is limited. According to the Texas Civil Practice and Remedies Code §16.003(b), you have two years from the victim’s death to file a wrongful death lawsuit.
The Texas Civil Practice and Remedies Code §71.021 provides a separate legal action for a survival claim. This allows the deceased’s estate to recover compensation that the deceased could have obtained if they had lived after the accident, such as lost wages and damages for pain and suffering.
Pursuing a wrongful death claim requires strong evidence that demonstrates the following:
An experienced wrongful death attorney in Houston can gather crucial evidence to establish these necessary elements. They can interview witnesses, uncover documents that point to one party’s negligence, consult with experts, and present photos or videos to establish the cause of your loved one’s death and how the defendant is responsible for it.
Wrongful death lawsuits allow loved ones to seek compensation for the full extent of their losses, which can include financial compensation for:
According to the Texas wrongful death statute found in the Texas Civil Practice and Remedies Code §71.004(a), only the surviving spouse, children, or parents of the deceased person have the right to bring a wrongful death action after the death of a loved one. If none of these individuals file a claim within three months of the deceased person’s death, the executor or personal representative of the deceased person’s estate can file one.
For child claimants, wrongful death claims are not limited to minor children. Adult children can also file a claim to recover the financial contributions their parents could have made, along with other damages.
If you believe that your family member’s death falls under the Texas wrongful death law, please contact an experienced wrongful death attorney at Hilda Sibrian® – Accident Attorneys for a free consultation.
Our legal team operates on a contingency fee basis, meaning: you don’t pay us to start your case and if we don’t win, you don’t pay any legal fees. Our fee would be a percentage of the compensation obtained for you and your family in the settlement. So you don’t have to pay us out of your pocket, and there are no upfront payments, either!
Under the Texas Civil Practice and Remedies Code §16.003 (b), the cause of action in a wrongful death lawsuit is the date of a person’s death. The statute specifies that a person has two years from the date of the cause of action to file a wrongful death lawsuit.
Two years may sound like a long time to some people. Nevertheless, it is a relatively short window when considering the amount of work that needs to be done before a claim can be filed. In most cases, swift action is crucial to preserve the key evidence necessary to prove the claim. Therefore, if you believe your loved one suffered a wrongful death due to someone else’s misconduct, you should seek help from an attorney as soon as possible.
Texas allows certain exceptions to the two-year statute of limitations. One particular example is when the plaintiff is a minor. In such cases, when plaintiffs are minors, the statute of limitations is tolled (or delayed) until two years after the minor turns 18. A parent or legal guardian can file a claim on behalf of the child before turning 18, and the court will appoint an independent attorney to ensure that any settlement or award is in the child’s best interest.
Another exception also applies to cases involving the so-called “discovery rule,” where the defendant’s misconduct is not discovered until after the statute of limitations has already expired. A person could be accused of a wrongful death more than two years after the act was committed and could still be held liable as long as the wrongful death lawsuit is filed within two years from the date the family knew or should have known that the defendant was responsible for the death of their loved one.
Other potential exceptions to the statute of limitations include cases where defendants use fraud to conceal their liability for wrongful acts. The limitations period may also be extended when a plaintiff suffers a mental or physical disability that prevents them from filing a claim.
However, generally speaking, you should seek assistance as soon as possible. You should not forfeit your right to seek compensation after the death of a loved one.
Our team of Houston construction accident lawyers is ready to assist you if you or a family member has suffered injuries in a construction accident. Don’t leave your recovery and livelihood to chance; you deserve compensation. Call us today and book your free and confidential consultation with an expert from our team. Get your compensation with The Law Offices of Hilda Sibrian™, attorneys who know how to deal with insurance companies.
Yes. Insurance companies are not on your side and will often undervalue or deny claims. An experienced Houston personal injury lawyer ensures your medical bills, future recovery, and lost wages are fully documented and that you receive the maximum compensation allowed under Texas law.
The timeline depends on the complexity of your injuries and the insurance company’s willingness to negotiate. Many cases resolve in a few months, but serious injury or wrongful death claims can take a year or more. We’ll keep you informed at every step.
Every case is different. The value of your claim depends on your medical costs, lost income, pain and suffering, and long-term needs. Our attorneys carefully calculate both current and future damages to make sure no part of your recovery is overlooked.
You can still file a personal injury claim even if you don’t have insurance. Texas law allows injured people to seek compensation from the at-fault party’s insurance or directly from the responsible company or driver. Our firm can also help connect you with medical providers who treat patients on a lien basis—meaning you don’t pay until your case is resolved. Don’t let lack of insurance stop you from getting the help and recovery you deserve.
If you’re injured on the job and have workers’ compensation, you may still have additional claims beyond your worker’s comp benefits. While workers’ comp covers basic medical and wage benefits, it doesn’t compensate for pain, suffering, or employer negligence. If a third party, like a subcontractor, equipment manufacturer, or another company, contributed to your injury, our attorneys can help you pursue a separate claim for full compensation.
It’s common not to know exactly who’s responsible after an accident, especially in multi-vehicle crashes or industrial incidents. Our legal team conducts a thorough investigation using accident reports, witness statements, surveillance footage, and expert analysis to identify every liable party. You don’t have to figure out who’s at fault on your own. Our job is to uncover the truth and hold the right people accountable.
It’s common not to know exactly who’s responsible after an accident, especially in multi-vehicle crashes or industrial incidents. Our legal team conducts a thorough investigation using accident reports, witness statements, surveillance footage, and expert analysis to identify every liable party. You don’t have to figure out who’s at fault on your own. Our job is to uncover the truth and hold the right people accountable.
Don’t accept the first offer. Insurance companies often rush to settle for less than your claim is worth. Before signing anything, let our attorneys review the offer to ensure it covers all medical expenses, ongoing care, and lost income.
Some injuries—like concussions, whiplash, or internal trauma—take hours or days to appear. Always seek medical attention right away and keep all records. Seeing a doctor early protects both your health and your legal rights.
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