Wrongful Death

No legal outcome fixes what happened. No verdict brings someone back. But Texas law gives surviving families the right to hold accountable the people and companies whose negligence took a life. That accountability matters — not just for your family, but to make sure it does not happen to someone else's.

I am Michelle Acosta, and I handle wrongful death cases with the gravity they demand. These are the most important cases I take. I do not delegate them. I do not rush them. I personally meet with the family, investigate the circumstances of the death, and build the case to establish full liability and full damages. Every wrongful death case I take gets prepared for trial, because that is the only way to ensure the responsible parties face real consequences.

Texas Wrongful Death Law

Texas wrongful death claims are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. The law is specific about who can file, when they must file, and what they can recover.

Who can file a wrongful death claim:

• The surviving spouse
• The children of the deceased (including adopted children)
• The parents of the deceased

Any of these family members can file the claim individually. If no wrongful death lawsuit is filed within three months of the death, the executor or administrator of the deceased person's estate can also file on behalf of the surviving family. Additionally, the estate can bring a separate "survival action" to recover damages the deceased person would have been entitled to had they survived — including pain and suffering experienced before death.

The statute of limitations is two years from the date of death. Not from the date of the accident — from the date of death. If the victim survived for a period after the injury before dying, the two-year clock starts on the death date. Missing this deadline means losing the right to sue forever. There are very few exceptions, and they are narrowly applied.

Types of Damages in a Texas Wrongful Death Case

Texas law allows surviving family members to recover compensation for their own losses resulting from the death. These are distinct from the damages the estate can recover. Together, they represent the full impact of the loss:

Loss of companionship and society. This compensates surviving family members for the loss of the deceased person's love, comfort, companionship, and guidance. For a surviving spouse, it includes the loss of the marital relationship. For children, it includes the loss of parental guidance, nurturing, and support. For parents, it includes the loss of their child's presence in their lives. This is not a symbolic number. Texas juries understand the weight of this loss and award substantial damages when the evidence supports it.

Mental anguish. The emotional suffering experienced by surviving family members — grief, depression, anxiety, inability to function, loss of sleep, and the psychological impact of sudden, preventable loss. I work with grief counselors and psychologists to document and present this evidence in a way that communicates the true depth of the family's suffering.

Lost earning capacity. If the deceased was a wage earner, the family is entitled to recover the income they would have earned over their remaining working life. This requires economic expert analysis accounting for the person's age, education, occupation, career trajectory, and life expectancy. For a young worker or someone in a high-earning field, this figure can be substantial.

Loss of inheritance. The family can recover the value of the estate the deceased would have accumulated over their natural lifetime. This goes beyond lost wages to include savings, investments, retirement, and property accumulation.

Loss of household services. The deceased person's contributions to the household — childcare, home maintenance, cooking, transportation — have economic value that the family is entitled to recover.

Funeral and burial expenses.

Medical expenses. If the deceased received medical treatment between the injury and death, those costs are recoverable.

Exemplary (punitive) damages. In cases involving gross negligence, willful misconduct, or conscious indifference to safety, Texas law allows the jury to award punitive damages to punish the wrongdoer and deter similar conduct. These damages have no fixed cap in wrongful death cases involving certain types of conduct.

Common Causes of Wrongful Death in Houston

I have handled wrongful death cases arising from a wide range of circumstances:

• Vehicle crashes — Car, truck, and motorcycle accidents caused by drunk driving, distracted driving, speeding, or commercial vehicle negligence. Harris County leads Texas in traffic fatalities.
• Workplace accidents — Falls from height, equipment failures, explosions, toxic exposure, and trench collapses on construction sites, refineries, and oil and gas operations.
• Medical negligence — Misdiagnosis, surgical errors, medication mistakes, and failure to treat life-threatening conditions.
• Premises liability — Inadequate security leading to assault or homicide on commercial property, structural failures, swimming pool drownings, and fire safety violations.
• Defective products — Automotive defects, pharmaceutical side effects, industrial equipment malfunctions, and consumer product failures.

How I Handle Wrongful Death Cases

These cases require a different approach. The stakes are the highest they can be. The family is grieving. And the defense has already started building their case before you call me.

I begin with a thorough investigation. I obtain the death certificate, autopsy report, police report, and any regulatory investigation records (OSHA, NTSB, FMCSA). I identify every potentially liable party. I retain the right experts — accident reconstruction, medical causation, economic loss, life care planning, vocational analysis — based on the specific facts of the case.

I then build a comprehensive damages model. The full value of a wrongful death case is not obvious from the surface. It requires expert economic analysis, detailed documentation of the deceased person's life, career, relationships, and contributions, and a clear narrative that communicates to a jury why this loss matters.

I do not accept lowball settlements in wrongful death cases. Insurance companies know that juries award large verdicts in wrongful death trials, so they often try to settle before trial for a fraction of the case's true value. I only recommend settlement when the offer reflects the full measure of the family's loss. If it does not, I take the case to trial.

Statute of Limitations: Two Years

The statute of limitations for wrongful death in Texas is two years from the date of death. Not the date of the accident or the date of the negligent act — the date of death. This deadline is absolute. If you do not file within two years, you lose the right to bring a claim forever. Texas courts enforce this strictly, and there are very few exceptions.

I have seen families lose their right to file because they were grieving and did not realize there was a deadline. I have seen families wait because they assumed someone else — the police, OSHA, the district attorney — would hold the responsible party accountable. Criminal investigations and civil lawsuits are separate. A criminal case may or may not be filed. Your family's wrongful death claim is your responsibility, and the clock is ticking from the day your loved one died.

Wrongful Death vs. Survival Action

Texas law provides two separate causes of action when someone dies due to negligence. The wrongful death claim belongs to the surviving family members and compensates them for their losses. The survival action belongs to the estate and recovers damages the deceased person would have been entitled to if they had survived — including pain and suffering they experienced between the injury and death, and any medical expenses incurred during that period. I pursue both claims in every wrongful death case to maximize the total recovery for the family.

Why Michelle Acosta Law

I have won a $56 million verdict in Harris County — the kind of result that tells insurance companies and corporate defendants that I am not going to accept their offer just to close a file. I am a Gerry Spence Method trained trial lawyer, which means I was trained specifically to present complex cases to juries in a way that connects on a human level. I was recognized as a Super Lawyers Rising Star, selected to the National Trial Lawyers Top 100, and served as General Counsel overseeing 1,800 employees before I became a trial attorney.

I handle every wrongful death case personally. The family meets with me, works with me, and has direct access to me throughout the case. I speak fluent Spanish and serve Houston's diverse communities without language barriers.

If you have lost a loved one due to someone else's negligence, I am sorry for your loss. I cannot undo what happened. But I can fight to make sure the people responsible are held accountable. Call me at (713) 933-3300 or request a free consultation.