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Houston Wrongful Death Lawyer

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  • Legacy Experience – Over 30 Years
  • White Glove Service
  • Personalized Support and Attention
  • Legacy Experience – Over 30 Years
  • White Glove Service
  • Personalized Support and Attention

Houston Wrongful Death LawyerIf someone in your family died because a driver, a company, or a property owner failed to act with reasonable care, Texas law gives you the right to hold them financially accountable. This right exists for one reason: the loss you are carrying has real financial and human weight, and the person who caused it should bear that weight instead of you.

Nothing about this process should be rushed, and no one should pressure you into decisions while you are still absorbing what happened. When you are ready to talk, our team at Sharma Injury Law is ready to help. You can contact us online or call 281-893-8644, and you will speak with our firm, not a call center.

Why Grieving Families Work With Our Firm

Why Grieving Families Work With Our FirmOur firm is a family. Bash Sharma built this practice more than 30 years ago, and today he works alongside his three daughters. That is not a marketing line. It influences how we treat the people who call us after losing a husband, a mother, or a child. When you work with our firm, you sit down one-on-one with the person actually handling your case, you get direct answers, and you set the pace. 

We do not push families toward fast settlements to close files. We want you to finish this process feeling that the outcome honored the person you lost, and we would rather take the time to get it right than rush you into something you will regret.

Who Has the Right to File in Texas

Texas limits who can bring a wrongful death claim. Under Texas Civil Practice and Remedies Code § 71.004, only three groups qualify:

  • The surviving spouse: This includes spouses in a valid common-law marriage, though proving that marriage sometimes becomes its own fight.
  • The children of the deceased: Adult children qualify, and legally adopted children can file for the loss of an adoptive parent.
  • The parents of the deceased: Both biological and adoptive parents may file, including for the loss of an adult child.

Siblings, grandparents, cousins, and unmarried partners cannot file, no matter how close the relationship was. One more detail most families never hear: if none of the qualifying family members files within three months of the death, the personal representative of the estate may bring the claim instead, unless every family member asks them not to.

A Wrongful Death Claim and a Survival Claim Are Not the Same Thing

A Wrongful Death Claim and a Survival Claim Are Not the Same ThingThese two claims are often filed together, and confusing them can leave money on the table. The wrongful death claim belongs to you and your family, and it covers what you lost. A survival claim, created by Texas Civil Practice and Remedies Code § 71.021, belongs to the estate. It covers what your loved one went through between the injury and their death, including their pain, their medical bills, and their funeral costs.

If your loved one survived in the hospital for days or weeks before passing, the survival claim may be substantial, and it passes to heirs through the estate rather than directly to family members.

What a Wrongful Death Claim Can Recover

Texas allows families to recover for both financial and personal losses, including:

  • Lost earnings and financial support: The income, benefits, and household contributions your loved one would have provided over their lifetime.
  • Loss of companionship and society: The daily relationship you lost, whether that was a spouse, a parent raising children, or an adult child caring for aging parents.
  • Mental anguish: The emotional toll of the death itself, which Texas treats as a real, compensable harm.
  • Lost inheritance: What your loved one would likely have saved and passed on had they lived a full life.
  • Exemplary damages: When a death results from gross negligence or a willful act, additional damages meant to punish the wrongdoer are available.

How Fatal Accidents Happen in Houston

Houston’s size, speed, and industry create a specific set of dangers. The fatal cases our firm sees here tend to come from a handful of sources:

  • Car accidents on I-45, the 610 Loop, and the Katy Freeway, where traffic moves fast and follows closely
  • Truck accidents tied to port and freight traffic moving through Harris County at all hours
  • Plant and refinery incidents along the Ship Channel corridor, from explosions to chemical releases
  • Construction site deaths, both for workers and for drivers passing through work zones
  • Drunk driving crashes, which in Texas can also support a dram shop claim against the bar that overserved the driver

The cause of death determines who can be held responsible. A freeway crash may involve one driver. A plant explosion may involve an owner, multiple contractors, and an equipment manufacturer. Identifying every responsible party early is one of the most consequential steps in the entire case.

What Happens After You Call Our Firm

What Happens After You Call Our FirmWe start by gathering the accident report, medical and autopsy records, and any available video or witness statements, because evidence disappears quickly and early cases are often decided by what gets preserved first.

From there, we identify every party who may share responsibility, since missing even one often means missing part of your recovery. Depending on how your loved one died, that can mean a driver’s insurer, an equipment manufacturer, a contractor, or a venue liable under a dram shop claim.

We handle all communication with the insurance companies on your behalf. Most wrongful death claims resolve through negotiation, but if the insurer will not offer a fair settlement, we are prepared to file suit and take your case to trial.

The Two-Year Deadline Starts on the Date of Death

The Two-Year Deadline Starts on the Date of DeathUnder § 16.003 of the Texas Civil Practice and Remedies Code, a wrongful death claim generally must be filed within two years of the date of death, not the date of the accident. If your loved one was injured in March and passed in June, the clock starts in June. Limited exceptions exist, including for minor children who lost a parent, but relying on an exception is a gamble. Evidence disappears far faster than deadlines arrive. Skid marks fade, plant equipment gets repaired, and witnesses move away long before two years pass.

Expect a Fast, Low Offer

Expect a Fast, Low OfferIf an insurance company or corporate risk department has already contacted you, pay attention to the timing. Early offers arrive before families understand the full value of their claim, and they almost always come with a release that ends the case permanently. You do not have to respond to adjusters, give recorded statements, or sign anything on their schedule. Once a release is signed, no one can reopen the claim, no matter what you learn afterward.

Frequently Asked Questions About Houston Wrongful Death Cases

Can You File a Claim While the Criminal Case Is Still Going?

Yes. The civil claim is completely separate from any criminal prosecution, and you do not have to wait for the criminal case to end. The civil case also uses a lower burden of proof, so a claim can succeed even if the driver is acquitted or never charged.

How Is a Settlement Divided Among Family Members?

A jury apportions damages among the qualifying family members based on their individual losses, and settlements are typically divided by agreement using the same logic. A spouse, three children, and two parents will not automatically receive equal shares.

Does Remarriage Affect a Spouse’s Claim?

No. Texas law bars the defense from using a surviving spouse’s remarriage or prospects for remarriage to reduce damages, and a spouse who has remarried can still bring the claim.

The Other Side Started Working on This Case the Day It Happened

The insurance carrier and the company involved did not wait to grieve. Their investigators and lawyers began protecting them immediately, and every week that passes works in their favor. Your family needs someone doing the same on your side.

Talk with us at Sharma Injury Law before you sign anything or accept any offer. Call 281-893-8644 or contact us online to set up your case evaluation. We will move as fast as the evidence demands and as slowly as your family needs.

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Sharma Injury Law Firm Established in 1994

Get the Support You Need From a Houston Injury Lawyer

Whether your injury occurred on a Houston highway, at a local business, or elsewhere in Harris County, acting promptly protects your right to pursue fair compensation. Evidence disappears, witnesses move on, and the statute of limitations does not pause while you weigh your options.

Bash Sharma founded this firm more than 30 years ago on a straightforward idea: that injured people in Houston deserve the same quality of representation as anyone else, regardless of their circumstances. His daughters carry that commitment forward today.

When you call Sharma Injury Law, you are not reaching a call center or a volume practice. You are reaching a family that has spent three decades fighting for people in situations just like yours. Call us today at 281-893-8644 to schedule a consultation, or connect with us online to get started.

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Sharma Injury Law – Established in 1994